Legal Question in Real Estate Law in New York

Can I Collect?

I have a court date in Small Claims coming up in a few weeks. The

Defendant has retained a lawyer. I think that I have a good chance

of winning this BUT the woman I am suing is a senior and she just

sold her house. I doubt that this woman will pay any judgement

that is ordered. Can I go after her Social Security payments? It's

probably the only way I will be able to track her down. Thank YOu.


Asked on 6/15/04, 6:52 am

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Can I Collect?

Social Security payments are immune from attachment. Once the money resides in her account, you can levy on the account. Unless the claim is covered by her insurance (in which case you will get paid if you win) it is unlikely that she would hire an attorney unless she felt she was at risk. Here's the trick: call the attorney. Settle the case, conditioned on getting paid before the court date. Put a clause in the settlement agreement that if you are not paid before the court date, you win the full amount you're suing for.

Chin up! it's not nearly as bad as most cases are!

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Answered on 6/15/04, 8:56 am
Walter LeVine Walter D. LeVine, Esq.

Re: Can I Collect?

If you are successful, you can go after her bank accounts, but not social security. If she refuses to pay, you can get a discovery order from the court, which will allow you to make discovery of her assets and locations, so you can levy against them.

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Answered on 6/15/04, 11:30 am


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