Judgement debtor

[sfrank1]

What is the name of your state (only U.S. law)?
New York State
I received a letter from the sheriffs office today stating that according to Article 52 NYS CPL they will sell the right, title, and interest in any property of the Judgement Debtor. It states at the top of the letter that the Debtor is my Company, ABC Inc. It does not have my personal name on it. My company did business out of my home, can they levy and sell my home which is in my personal name not my company. My company is since out of business.
Thank you

 

[You Are Guilty]

What is the name of your state (only U.S. law)?
New York State
I received a letter from the sheriffs office today stating that according to Article 52 NYS CPL they will sell the right, title, and interest in any property of the Judgement Debtor. It states at the top of the letter that the Debtor is my Company, ABC Inc. It does not have my personal name on it. My company did business out of my home, can they levy and sell my home which is in my personal name not my company. My company is since out of business.
Thank you

Is it theoretically possible? Absolutely.

Is it possible in your case? No way to know, since you didn't bother to provide those little things we like to call "details". Feel free to add some if you like.

 

[sfrank1]

Thank you for answering me.
We were a company that did business out of our home. One of our suppliers said we owed them 20K which we denied. We did not answer the case because we were out of business with no money coming in. Since we did not answer the case we lost and the before mentioned letter was sent. It was to the judgement debtor(abc, Inc.) It stated:
we demand payment if we dont receive it in 10 days we will levy and sell at public auction the right, title, and interest to any property of the judgement debtor that is not exempt by article 52 of the NYS CPL.
What other details do you need.
My question really is what constitues "any property". My house is in my name and the debtor is my company name.
Thanks again

 

[You Are Guilty]

Thank you for answering me.
We were a company that did business out of our home. One of our suppliers said we owed them 20K which we denied. We did not answer the case because we were out of business with no money coming in. Since we did not answer the case we lost and the before mentioned letter was sent. It was to the judgement debtor(abc, Inc.) It stated:
we demand payment if we dont receive it in 10 days we will levy and sell at public auction the right, title, and interest to any property of the judgement debtor that is not exempt by article 52 of the NYS CPL.
What other details do you need.
My question really is what constitues "any property". My house is in my name and the debtor is my company name.
Thanks again

Ay yi yi. For starters, you need to dig up a copy of the lawsuit your company was sued under and read, exactly, every word listed under "v." and above "defendants" in the caption.

If ONLY the company name appears there, and your house has never been listed/titled in your company's name, then there's a good chance the house is safe (obviously, there are plenty of additional factors, but too many to go over via a website).

If your name or any other director/officer/employee's name appears in the caption, then there may be problems.

And if the lawsuit was within the last year, you might want to go get a copy of the court file and the "affidavit of service" in particular, because if the plaintiff failed to properly serve your company with the complaint, the subsequent default judgment they entered might be voidable.
{edit}
You can read more details about vacating the judgment here:
http://www.nedap.org/hotline/vacating.html

 

[sfrank1]

Hi.
I don't see the "v" but in the caption it has DEF, Inc. as plaintiff against ABC, Inc. as defendant. I am the defendant. The basis of the venue is "defendants place of business". They served summons by serving the Sect of State which in turn sent it to me registered mail to my company c/o my name. After I got it I sent a letter to the attorney stating we were out of business and I apparently lost because I had to have a lawyer represent me. 2 months later (today) I get the sheriffs note in my front door. I appreciate all your help.
Thanks again.

ps. The summons is from the Supreme court of the state of NY

 

[seniorjudge]

http://tinyurl.com/aluahs

 

[sfrank1]

Thank you for all your advise. I wanted to go to the court today and see if I could vacate the default judgement on a meritorious defense. Since I am a coporation though it states that I need counsel which is how this all started. With no money, account, etc left from the company since we are out of buisness how do I proceed? I wanted to do it pro se since the business can't afford an attorney.
Any advise?
Thanks.

 

[nrknlknek]

Despite the constitutional right to represent yourself without an attorney, as a practical matter, this is exceptionally difficult. The courts don't like it because the pro se litigants are typically not conversant with civil procedure, the opposition usually takes unfair advantage of an uninformed pro se litigant by "wrapping them around the proverbial axle." My advice is to scrape up some cash somehow and retain counsel.

 

[You Are Guilty]

Not much you can do absent a lawyer. Try here and see if any of the locals can provide guidance where to get low/no cost legal assistance:
http://www.courts.state.ny.us/litigants/attorneyreferral.shtml

 

[sfrank1]

Thank you all for all the advise. I found an inexpensive lawyer based on everyones help and information and am moving forward with it.
Thanks again