income execution

[johninny]

State: NY

Just got a certified letter from our local sheriff that says I will need to pay 10% of my weekly pay, or $600, each week until a $1700 judgment has been paid.

The letter is accompanied by a copy of a court record, which shows that an "income execution" judgment was made against me in Jan. 2008 for just under $1400. This record is signed the beginning of this month (Aug. 2009), and mentions a transcription date of Apr. 2008. I assume the discrepancy between the two totals is due to what seems to be called "execution", "poundage", and "statutory fees". I have 20 days from the date of the letter (4 days ago) to send my first payment, after which time my employer would be contacted.

Prior to this letter, I never received any sort of notice from the courts, or from the sheriff, to inform me that a court date was pending or that a judgment had been made against me.

Representatives from a group of attorneys has been calling me for over a year, but they usually call my home and will not tell my wife anything at all. They also called me a few times at work but when I told them I couldn't discuss any details with them there (I share an office with a coworker), they always got angry and hung up. I even sent them a letter asking them to send me in writing details of why them were calling, but they never responded.

Given all this, I'd like to know whether it's worthwhile to hire an attorney to help figure this out, or if there's anything I can do to counter this judgment, or if it's too late now that it has gone to "income execution".

If I do simply have to pay, since $600 a week is a lot more than 10% of my gross weekly pay, I assume I will be paying 10% of my pay. But how does anyone know exactly what this number is? And I don't get paid weekly: I get paid monthly, and by the time the end of the month comes around, I'm lucky if I have enough left to buy food. How do I explain that I can't pay weekly?

Thanks for your help.

[Antigone*of*Greece]

Originally Posted by johninny

State: NY

Just got a certified letter from our local sheriff that says I will need to pay 10% of my weekly pay, or $600, each week until a $1700 judgment has been paid.

The letter is accompanied by a copy of a court record, which shows that an "income execution" judgment was made against me in Jan. 2008 for just under $1400. This record is signed the beginning of this month (Aug. 2009), and mentions a transcription date of Apr. 2008. I assume the discrepancy between the two totals is due to what seems to be called "execution", "poundage", and "statutory fees". I have 20 days from the date of the letter (4 days ago) to send my first payment, after which time my employer would be contacted.

Prior to this letter, I never received any sort of notice from the courts, or from the sheriff, to inform me that a court date was pending or that a judgment had been made against me.

Representatives from a group of attorneys has been calling me for over a year, but they usually call my home and will not tell my wife anything at all. They also called me a few times at work but when I told them I couldn't discuss any details with them there (I share an office with a coworker), they always got angry and hung up. I even sent them a letter asking them to send me in writing details of why them were calling, but they never responded.

Given all this, I'd like to know whether it's worthwhile to hire an attorney to help figure this out, or if there's anything I can do to counter this judgment, or if it's too late now that it has gone to "income execution".

If I do simply have to pay, since $600 a week is a lot more than 10% of my gross weekly pay, I assume I will be paying 10% of my pay. But how does anyone know exactly what this number is? And I don't get paid weekly: I get paid monthly, and by the time the end of the month comes around, I'm lucky if I have enough left to buy food. How do I explain that I can't pay weekly?

Thanks for your help.

When you play hardball with a creditor chances are they will play hardball back. You will need to get information on the judgement. Go to the courthouse and get the file. Your only hope is that you were not properly served. The creditor may have served you by publication (not sure if that is allowed in your jurisdiction). If they did properly serve you, you're sunk.

[dfromnyli]

If you really want a quick fix, get an order to show cause to vacate the judgment. It puts a stay on any enforcement proceedings, however for a judge to sign this order you need to say you weren't served properly AND you have a meritorious defense as to why you do not owe the money. I have seen judges (especially in bronx county) sign the order when the defendant has no meritorious defense.

This will set up a hearing like 2-3 weeks down the road. What will happen is the judgment will be held as security pending the hearing. If you win your OSC the judgment is vacated and you have 21 days to file an answer, if you lose the income execution will proceed.

[Credithis]

New York and Sewer Service go hand in hand. The AG is cracking down on this practice and is personally sueing some large CAs. Send a formal complaint about this to the AG and a copy to the collector. Pull your court records especially the one from the process server as to "how" you were served. Get copies.