Enforcing a Judgment
Debt Collection Attorney in New York
When you go through a civil case, a verdict in favor of the plaintiff usually involves the payment of an award by the defendant to the plaintiff. This is true in legal disputes over personal injury, malpractice and other types of unintentional/intentional torts. If the plaintiff is successful, they will be paid the amount decided by the court. While the court awards the amount, it is the defendant that is to pay the plaintiff for whatever reason the lawsuit was filed. Unfortunately, some defendants are not exactly willing to pay.
If you recently filed a lawsuit that was decided in your favor, it is likely you did so because of some loss or injury done to you by the defendant. In that case the award to be paid to you is not simply a benefit but a necessity for you to overcome whatever difficulty you have endured. In other words, you need that money to maintain financial security. Therefore, when a defendant delays or is unwilling to pay the judgment amount, it can make matters even more difficult for you even though you won the case.
Taking Legal Action Against a Judgment Debtor
After a judge or jury issues a judgment in a case, an official Notice of Judgment will be issued to both the defending and complaining parties. This notice includes the amount to be paid to the plaintiff as well as information about how to collect the award. Unfortunately, the court systems in the United States have no means of enforcing judgments or compelling defendants to pay themselves. Therefore, it is primarily up to the plaintiff to contact the defendant and collect the award. However, not every defendant will pay voluntarily, which can make matters complicated for the plaintiff. Fortunately there are legal actions to be taken in order to compel an unwilling defendant, also known as the judgment debtor, to pay what they owe.
With the assistance of a New York debt collection attorney, you can contact an enforcement officer about your situation. As the judgment creditor, you can provide the officer with a property or income execution to collect the money authorized by the court judgment because the judgment debtor is unwilling to pay. The execution will allow the officer to seize property or attach to the debtors wages in order to have the judgment paid.
Are you seeking to collect from a judgment?
Requesting an execution and collecting an outstanding judgment is not always as simple as it seems. Before you approach the officer, you will be required to have information as to the existence and whereabouts of the defendant's assets that should be paid to you for the judgment. Even just obtaining this information can require legal actions such as subpoenas and court orders. Additionally, you will have to go through the Small Claims court clerk for a number of documents. Just like in any legal matter, especially those involving your finances, it is highly advised that you approach the situation with the counsel and representation of a legal professional.
When a defendant refuses to pay you the judgment, it makes you a creditor. At the Law Offices of Alden B. Smith, we represent creditors in their efforts to collect that which is owed to them. Whether the client is a small loan agency or an individual plaintiff seeking to enforce a judgment, we stand ready to offer keen insight and aggressive representation so that they are paid what they deserve. I am the firm founder and New York debt collection attorney Alden B. Smith and I take cases of judgment enforcement very seriously. Not only are you left without the money you were seeking from this lawsuit in the first place, but the judgment debtor is attacking the integrity and efficiency of our nation's court system.
Contact a New York judgment enforcement lawyer today to learn more about how I can help you collect your judgment award.
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