New york state satisfaction of judgment

Entry of a judgment happens when the clerk of the court signs and files the judgment. In some courts you have to ask the clerk to prepare and enter record a judgment in your favor. In other courts, you have to prepare the judgment.

Contact the court where you got the decision to find out what to do next. A judgment can order that money be paid, order something to be done, or dismiss a case. A judgment also includes an award of costs and disbursements. Costs are an amount of money determined by statute that the loser must pay the winner.

Disbursements are out of pocket expenses, like filing fees. A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years. If the defendant or respondent does not answer in time or make a motion, the plaintiff or petitioner can ask the court for a default judgment.

A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story. The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. See Collecting a Judgment.

To get a default judgment, the plaintiff may have to ask the court for an inquest. An inquest is a hearing to decide the amount of money due on a claim. See Inquests. The defendant can ask the court to vacate cancel the default judgment if he or she has a good reason for not answering or coming to court and a good reason why the plaintiff should not win the case.

Read more at Vacating a Default Judgment. The completed Information Subpoena will provide some, but not necessarily all, of this information to the Creditor. Once assets are identified, the enforcement officer can seize assets and sell them at an execution sale, applying the proceeds to the Judgment. However, the Sheriff cannot seize all property belonging to the Debtor.

As indicated above, a Judgment from City Court may be levied only against personal property of the Judgment Debtor. If the Debtor should move or if the Debtor owns real property in another county, the Creditor may obtain a Transcript of the Judgment from the County Clerk's office and file it in another county within New York State. Once a Transcript is filed with the County Clerk, there is a public record of the Judgment against the Debtor which could affect the Debtor's credit rating or ability to borrow money.

A Judgment against the Debtor remains as a lien against real property for a period of ten 10 years, renewable for an additional ten 10 years.

The Creditor should also be aware that once a Transcript of Judgment is filed with the County Clerk, any future matters concerning the enforcement of the judgment become the jurisdiction of the County Court, not the City Court. The only proceeding which can be initiated in the City Court after the filing of the Transcript is for the issuance and enforcement of an Information Subpoena. In addition to a lein on personal property , a Judgment Creditor may also use other enforcement methods to collect a debt.

The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment.

The judgment creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment. Again, as with the procedure for seizing personal property, the Creditor will need to inform the Sheriff about certain information, namely, the Debtor's employer, the employer's address and wages of the Debtor.

Additionally, a Transcript of Judgment must be filed with the County Clerk before the Sheriff will proceed to enforce a judgment by income execution. If a Debtor files for bankruptcy during the collection proceedings, then all further collection efforts cease until the Debtor is released from Bankruptcy Court.

The Creditor should contact the trustee in bankruptcy to determine if the debt will be paid or discharged by the Bankruptcy Court. If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgmentfor the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office.

The Satisfaction of Judgment must also be filed with the City Court. A Satisfaction of Judgment form can be purchased from any stationary store. How Do I Collect on a Judgement? How to Collect on a Money Judgment?