Specialty Areas
For clients in neighboring states or around the world, we specialize in enforcing "foreign judgments." By taking your hard-earned judgment and either registering it or converting it as a New York judgment, we can then proceed to collect on the debtor's assets locaed within our jurisdiction. Here are some Frequently Asked Questions:
--What courts are available to enforce foreign judgments and what are the costs?
The Supreme Court has jurisdiction on matters over $25,000.00. The costs are $175 for purchase of an index number plus service of process ($35-$50 typically). Under $25,000.00, the New York City Civil Courts may be used. Costs are $35.00 for an index number while service of process remains the same.
--Will I have to appear in Court?
Usually, no court appearance is necessary. If the foreign judgment was not obtained by default (ie: the other side appeared in the original action), we can register the judgment automatically. If the judgment was obtained by default, then a new action must be started on the foreign judgment. Since the underlying cause of action is no longer in question, usually we can obtain judgment through submission of affidavits and an exemplified copy of the original judgment.
--Do I have authorization to settle?
Of course--you're the client. At any stage of the proceedings, all settlement offers will be conveyed to you and the decision to accept or reject will be yours. We will of course make recommendations and answer all questions.
--How do I know if my case is collectible?
In New York, we have several enforcement devices allowed by statute. We can "docket" the judgment as lien on real property owned by the debtor. We can serve restraining notices on all banks in the states, freeze bank accounts and turnover funds. We can levy on automobiles, boats and planes. We can garnish a debtor's salary up to 10% of th gross weekly or monthly amount. We can send the marshall or sheriff to the debtor business where a writ of execution with a restrianing notice is served, an inventory of saleable assets is taken, and a public sale is scheduled. We can also serve a levy on anyone who is holding money for the benefit of the debtor and order them to pay us instead of the debtor (a "monies due" execution such as a tenant paying the judgment creditor instead of paying the debtor landlord.
--How do I communicate with you to enforce the judgment?
By phone,fax,mail or e-mail. We need a certified or exemplified copy of the judgment plus whatever asset information you may have on the debtor. We also do skip tracing and so even basic items like date of birth and social security number would be helpful. Obviously, is you know the address of the debtor, place of employment, banking information and such, this will speed the collection process.
--What do I owe if you don't collect?
No legal fee is due. You will reimburse us for the index number and process server costs that we advanced on your behalf.