Putting Wage Execution in NY, when he lives in NJ

[fmoadab]

From NJ....After getting a default judgement against an ex-tenant who still lives in NJ but works in NY, I went over to NY court to request a wage execution only to find out that NY does not allow a wage execution based on a judgement that was obtained through default. Judgement clerk told me that if it was obtained through a trial based on merit, they would do it but not with default.
What is the remedy for this situation? He is ignoring all things including an information subpena, which I am following up with a motion to force him or he will be arrested, but I need to have a way to put wage execution on his pay.
Thanks in advance,

 

[Banned_Princess]

From NJ....After getting a default judgement against an ex-tenant who still lives in NJ but works in NY, I went over to NY court to request a wage execution only to find out that NY does not allow a wage execution based on a judgement that was obtained through default. Judgement clerk told me that if it was obtained through a trial based on merit, they would do it but not with default.
What is the remedy for this situation? He is ignoring all things including an information subpena, which I am following up with a motion to force him or he will be arrested, but I need to have a way to put wage execution on his pay.
Thanks in advance,

clerks cant give out legal advice.

NY does not allow wage garnishments on civil judgments, you are just going to have to sell the debt (if it is big enough) or hope the guy buys a house to attach the judgment to.

 

[fmoadab]

Amount is over $8000. Who can I sell the debt to? and I wonder if that is why the guy works in NY and lives in NJ, because no matter what debt he has, nobody can do anything. Could that be true?

 

[latigo]

NY does not allow wage garnishments on civil judgments . . . . . .

Dear Princess:

Please explain how one is to reconcile that statement with New York’s CPLR. Specifically Article 52 “Enforcement of Judgments” Section 5231 “Income execution”.

What have I overlooked in searching for such an exemption under New York’s Civil Practice Laws & Rules?

Thank you

 

[Banned_Princess]

If you have the time and money.

Is the judgement in NJ, or NY?

Wage Garnishment is a very powerful tool for either the government (most commonly the IRS), a company or an individual to collect money damages. If you are a plaintiff in a civil action, if you obtain a judgment you may be able to have the sheriff garnish the wages of the person you are suing.

If your wages have been garnished, the court has the final say on how much money can be withheld from your paycheck. Your employer is powerless to stop your wages from being withheld.

What to do if you do not believe that you owe the money?

Go to the court clerk’s office in the county where the judgment has been entered. In the file there must be an affidavit of service. The affidavit of service will state the manner in which the lawsuit was served upon you. In New York Civil Court, after a judgment has been entered, the plaintiff is required to file a notice of entry and an affidavit of non-military service. The court protects people serving in the military from being subject to a lawsuit while on active duty abroad.
If you have not been properly served and you have a valid defense to the underlying action, you may make a motion to vacate default. In addition, you may make an order to show cause to have the wage garnishment removed. It is not uncommon for some law firms to use process servers who “sewer serve.” I reported about this issue a few months back, where American Legal Service was accused by the Attorney General of sewer serving.
Once in court, the judge may schedule a traverse hearing where the judge will determine whether service of process was proper.
You also need to move for a motion to vacate default within one year of the judgment being entered.
What should you do if you want to garnish someone’s wages?

Perform case investigation before starting your lawsuit. If the person you are suing is insolvent, it may not be worth the expense of starting an action against him or his company.
You must obtain a court order. If you are owed money, in New York you may commence in action in either Small Claim, Civil Court, Supreme Court or Federal Court. The court where you start your lawsuit is dependent among a variety of factors.
You must then enter judgement with the court. Be aware that in most cases you can recover costs of the action.
Obtain the name of the employer.
Bring the judgement to the sheriff. The sheriff will garnish the wages.
The Law Office of Frederic R. Abramson practices civil litigation in New York State. If you have any questions regarding wage garnishment, contact me at 212-233-0666.

http://nylawblog.com/2010/03/wage-garnishment-what-should-you-do/


this is not an advertisement. just to clear the record.

 

[latigo]

If you have the time and money.

Is the judgement in NJ, or NY?

http://nylawblog.com/2010/03/wage-garnishment-what-should-you-do/


this is not an advertisement. just to clear the record.

I agree with you that clerks, reporters, bailiffs, janitors and even judges should not be offering "legal advice" to courthouse visitors. (Here the clerk’s office displays a prominent admonition that boldly concludes with: “DON’T ASK!”)

But I’m still coming up empty handed looking for any New York authority supporting this "legal advice" you gave the OP:

"New York does not allow wage garnishments on civil judgments.”

I assume that would be rather critical for the OP's purpose. But is it so or not so ?

And if it so, again please cite the specific New York statute or procedural law or rule.

Also, I read where you are a resident of the Empire State. Have you been admitted to practice law in New York, elsewhere, hold a law degree?

Thank you

 

[fmoadab]

Like I mentioned, I was told by the judgement clerk that they will not garnish wages with a default judgement. If the judgement was obtained on the merit and after a trial, then wages can be garnished, So Princess's statement that wage can not be garnished in NY is not true and it would not make any sense for it to be true.
I obtained the default judgement in NJ, and based on what I was told by an attorney, I would have to file a case in NY in order to be able to get garnishment on wages, but the case will not be based on the original case. It will be based on the judgement issued in NJ.

 

[Banned_Princess]

I agree with you that clerks, reporters, bailiffs, janitors and even judges should not be offering "legal advice" to courthouse visitors. (Here the clerk’s office displays a prominent admonition that boldly concludes with: “DON’T ASK!”)

But I’m still coming up empty handed looking for any New York authority supporting this "legal advice" you gave the OP:

"New York does not allow wage garnishments on civil judgments.”

I assume that would be rather critical for the OP's purpose. But is it so or not so ?

And if it so, again please cite the specific New York statute or procedural law or rule.

Also, I read where you are a resident of the Empire State. Have you been admitted to practice law in New York, elsewhere, hold a law degree?

Thank you

no. I am not... are you? NY law is unclear, I have been told NY wont garnish civil judgments, and I cant find anything supporting NY garnishment for out of state judgments.

 

[latigo]

no. I am not... are you?

Thank your for your candor Princess.

Me? Never in New York state. But for better than four decades in a place a few mountain ranges east of your scienic Long Island.

. . . I have been told NY wont garnish civil judgments

That comes to a round figure of two. (1) You, the Princes, and (2) the hapless and confused judgment creditor to whom the Princess said it was so.

and I cant find anything supporting NY garnishment for out of state judgments.

Well you’ll just have to keep looking. Because once an out of state/foreign judgment is registered in New York it is treated in all respects as a domestic judgment. In fact the process of registering the foreign judgment is often referred to domesticating it.
_______________________

HOWEVER, dear Princess, the question of whether or not a judgment creditor can garnish wages in New York (which he can because expressly allowed under NY CPLR Section 5231 “Income execution&#8221 is moot as far as concerns this here thread. Why because….

What really happened with our OP (fmoadab) is that he secured his judgment in New Jersey where his former tenant resides. He then attempted to register it as a foreign judgment in New York where the judgment debtor is employed.

BUT instead of the NY clerk telling him that he couldn’t garnish on a New York judgment taken by default, the clerk denied him the right to register his New Jersey judgment in New York because it was taken by default.

And that is because Section 5401 of New York’s Civil Practice Law & Remedies Code expressly denies the registration/domestication of any foreign when “obtained by default in appearance, or by confession of judgment”. In other words OP never even reached first base w ith the NY clerk, let alone secure the issuance of a writ of execution for purposes of garnishment.
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So how about that Princiess? We have been bouncing back and forth in here over the question of New York garnishment laws when we should have been wrestling with full faith and credit and asking how come New York is able to ignore the U. S.Constitution by adopting its Section 5401.

Not to mention arbitarily discriminating between classes of judgment creditors distinguishable only because one group didn't hog tie their debtor and drag him into the courtroom.

 

[gator1]

The short answer to the question raised here is to file a new lawsuit in New York, and simultaneously move for summary judgment.

A party wishing to domesticate the foreign default judgment must bring another action in New York State "on the judgment" where the relief sought is to have the foreign judgment domesticated in New York State. A quicker "motion-action" procedure is avaialble in New York where the owner of the foreign default judgment files a summons and notice of motion for summary judgment in lieu of complaint. (http://en.wikipedia.org/wiki/Enforcement_of_foreign_judgments)

http://www.tristatecollectionlawyers.com/foreignjudgements.html
http://www.starrandstarr.com/lawyer-attorney-1441037.html


Glass Contractors v Target Supply and Display
Second Department Appellate Division reversed an order of the Civil Court of New York City, which denied plaintiff’s motion for summary judgment in lieu of complaint based on a default judgment in Nebraska.

The court emphasized that foreign judgments obtained by default may only be domesticated through a plenary action which may be initiated by a motion for summary judgment in lieu of complaint pursuant to CPLR § 3213.

In reviewing such foreign judgments, the court’s inquiry is limited to ascertaining whether the Nebraska courts had personal jurisdiction over defendants. The court determined that defendant had sufficient contacts within Nebraska to subject it in personam jurisdiction under Nebraska long-arm statute.

 

[fmoadab]

Thank you to all you people who are showing me the ropes on this, but I still have to ask this.... Will I be able to domesticate this judgement on my own or is it going to be technical enough that I have to get a lawyer? After all, it seems all I have to do is to file the complaint, wait to see if the guy answers, and then file a summery judgement motion based on the NJ judgement. Keep in mind that I was able to get the default judgement on my own in NJ.