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#1
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| i live in new york state. i recently have a judgement sent to me from my sheriffs dept. stating i need to pay 10% each pay check to the sheriffs dept. if not my employer will be given the judgement and required to pay 10% to the sheriffs until the debt is satisfied. i agreed to this with the law firm on the phone. the next day they froze all mine and my wifes bank account and today she had to give them everything in both her checking and saving account but $60.00. just to get the $60.00. what more can they do and why isn't the 10% satisfying them ? any help would be appreciated. i thought we had worked it out, i guess they figure they owe me one. thanks for any help |
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#2
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| Your post sounds unusual in that the creditor attached on two fronts (wage AND bank garnishment), but both are legal methods to enforce payment of a judgment. You ask, "What more can they do?". There is a long list of available remedies to enforce judgments in New York state. Here is a list extracted from [url]http://www.tenant.net/Court/Howcourt/sclaim.html#anchor122435[/url] : "1. Information Subpoenas If a judgment has been entered in your favor, you may obtain an information subpoena from the clerk upon payment of a $2.00 fee. If you request it, the clerk will assist you in the preparation and use of the information subpoena forms. Some stationery stores also sell information subpoena forms. An information subpoena is a legal document that may help you to discover the location of assets of the judgment debtor (defendant). It is a legal direction to a person or institution to answer certain questions about where the assets of the defendant are located. The information subpoena may be served upon the judgment debtor and upon any person or corporation that you believe has knowledge of the judgment debtor's assets -- for example, the telephone company, landlord, or bank. Separate forms are used for service on the judgment debtor and service on any other person or corporation. The person or corporation served with an information subpoena must answer the questions served with the subpoena within seven days of receipt. The information subpoena, accompanied by two copies of a set of written questions and a prepaid addressed return envelope, may be served by ordinary or by certified mail, return receipt requested. 2. Bank Accounts and Wages One simple way to improve the chances of collecting your judgment is to learn the name and address of the bank where the defendant keeps a savings or checking account. A way to do this is to look at the back of a canceled check you or a friend may have given to the defendant. With this information, the enforcement officer can seize money in the defendant's account and use the funds to satisfy your judgment. Another way is to find out the name and address of the defendant's employer. If you sued an employed person, you may be able to collect your judgment out of his or her salary. To do this, the enforcement officer can serve an "income execution" on the judgment debtor. This execution requires the debtor to pay 10% of the judgment debtor's salary to you until the judgment is paid, provided the debtor's gross earnings are above a certain minimum amount set by federal law (currently $142.50 per week). 3. Real Property If the defendant owns real property, you may be able to collect your judgment from its sale. The clerk will direct you to the proper office where you can check property ownership. You will have to obtain a transcript of your judgment from the court and file it with the County Clerk. You then should consult a sheriff, who may conduct a sale at public auction. It is your responsibility to prepare the papers to sell the property. The sheriff, after deducting his or her fees and expenses, and after paying off any prior mortgage, tax liens, and judgments, will send the balance to you, up to the amount of your judgment, plus interest. 4. Personal Property Your judgment can be paid from the sale of defendant's personal property, such as automobiles. Contact the enforcement officer for details of the expenses and fees required. It is your responsibility to prepare the papers required to sell the property. If you give an enforcement officer the model, year, and license plate number as well as the location of the defendant's automobile, the officer can seize it, sell it at auction, and pay your judgment with the proceeds. You can check with the New York State Department of Motor Vehicles to learn whether the defendant owns an automobile (fill out form MV-15). You can also find out from the Department of Motor Vehicles whether a bank or finance company already has a claim again the defendant's car. If the defendant has a large unpaid auto loan, a bank or finance company might be entitled to payment of the loan from the sale of the defendant's vehicle before your judgment can be satisfied. OTHER ENFORCEMENT PROCEDURES 1. Claims Based on Motor Vehicle Ownership If your claim was based on the defendant's ownership or operation of a motor vehicle, you may be able to have the Department of Motor Vehicles suspend the defendant's driver's license and auto registration until the judgment is paid. To take advantage of this procedure, you must have a judgment for over $1,000 that has remained unpaid for more than 15 days after it becomes final. Ask the clerk for details of this procedure. 2. Licensing Agencies If the judgment debtor is engaged I a business that is licensed or certified, you may notify the appropriate state or local authority if the judgment remains unpaid 35 days after the judgment debtor receives notice of entry of the judgment. The failure to pay a judgment may be considered by the licensing authority as a basis for the revoking, suspending, or refusing to grant or renew a license to operate a business. If the claim arises out of the conduct of the defendant's business, the court will determine the appropriate licensing or authority for the defendant in your case. If the judgment debtor is a business that the court finds to be engaged in fraudulent or illegal conduct, you have the right to notify the Attorney General and, if the business is licensed, the appropriate licensing authority as well. 3. Prior Unsatisfied Judgments If a defendant has failed to pay three or more judgments despite having sufficient resources to pay them, you may be able to sue the defendant for triple damages. Check with the clerk to see if your defendant is listed in the index of unsatisfied judgments maintained by the court."
__________________ There are at least 17 lawsuits (!!) filed in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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