Legal Question in Civil Litigation in New York

Funds owed, not collected..

my dad agreed per contract to offer funds to start a buisness. shorty after the funds we transferred, the party that received the funds disappeared. The proper channels were taken and a civil court decision was placed in my dad's favor. We managed to track the person down. question: how can the fuunds be returned in the quickest way possible, what are the coorect channels to take? Thank you.


Asked on 11/12/03, 2:27 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Funds owed, not collected..

Did you previously serve the judgment on that person? If you did not, you must do so immediately (and there are special rules that apply to serving a judgment). If the judgment has been served, you must, immediately, bring the judgment to the Sheriff of the City of New York to be collected. It is generally best to hire an investigation service to uncover any bank accounts in that person�s name. Our office handles such matters and you may call our office to arrange for an appointment.

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Answered on 11/12/03, 2:52 pm
William Pinzler william M. Pinzler

Re: Funds owed, not collected..

You begin collection efforts, which can include serving restraining notices on the debtor's banks and serving notices on those who are about to pay bills to the debtor and have them pay the amount instead to you.

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Answered on 11/12/03, 2:58 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Funds owed, not collected..

Congratulations! This is not easy - finding the debtor.

Now you must 'serve' the judgment on the debtor. After service, the next step is to find the debtor's assets. One way to start, is by 'subpoena duces tecum' for the debtor's financial records. This puts the power of the court behind your search. This is not the only investigation tool we recommend, but it is important to include this step. It As I said, it puts the power of the court behind your investigation.

After they are found, a debtor-creditor action can be brought. It is a simple action, and then you can get a court order to seize his/her assets and/or garnish his/her wages.

The tough part is finding a debtor with assets. The rest is not difficult.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 11/12/03, 5:50 pm


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