Legal Question in Civil Litigation in New York

Required procedures for collection of a Maine judgement in New York

What steps should be utilized in the collection of a civil judgement in the state of Maine against a defendant who has fled the state and now permnamently reside in the state of New York?


Asked on 1/31/98, 6:47 pm

1 Answer from Attorneys

Patrick Begos Begos & Horgan, LLP

Enforcing Maine Judgment in NY

I cannot tell you what you *should* do, but I can give you some ideas about what you *can* do.

As long as your judgment is a final judgment and not a default judgment, then it is entitled to "full faith and credit" in NY (and the other 48 states) under the US Constitution.

Practically speaking, this means that you can commence a summary action in NY (it is called a "motion for summary judgment in lieu of complaint") asking the NY courts to recognize the Maine judgment and convert it into a NY judgment. Assuming the court does that, you will have a NY judgment which creates a lien on real property in the couny(ies) in which it is entered, and gives you various rights to go after personal property.

If your judgment debtor has assets in a bank which has branches in Maine, or if he is owed money by someone in Maine, you may want to attempt to collect that money right in your home state, rather than coming to NY

Good luck

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Answered on 2/02/98, 9:04 am


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