Non Monetary Relief / Miscellaneous

[Maria New York]

What is the name of your state? NY

Greetings

I am listed as a judgement debtor in a civil case. The cretin won by default in NY Supreme Court. We are in the red to him for around $12,000. Our income is 100% disability income, pensions, etc. We own one older SUV worth approximately, $4,000. I was informed that of all our assets, including our home (the home is paid off), the judgement creditor can only seize our SUV if he so desired. I was up online yesterday and noticed that he filed a RJI against us, in the description under “relief sought” it states “non monetary relief” and then “miscellaneous”. What does that mean? Any help is much appreciated!What is the name of your state?

 

[seniorjudge]

Google

Q. How do I get a judge assigned to my case?

A. In Supreme Court you can get a judge assigned after a form called a Request for Judicial Intervention (RJI) is filed in court. You can get a RJI form from the Court Clerk's Office or County Clerk's Office. The form must then be filed with the County Clerk.


http://www.courts.state.ny.us/courthelp/faqs/divorce.html

 

[TigerD]

What is the name of your state? NY

Greetings

I am listed as a judgement debtor in a civil case. The cretin won by default in NY Supreme Court. We are in the red to him for around $12,000. Our income is 100% disability income, pensions, etc. We own one older SUV worth approximately, $4,000. I was informed that of all our assets, including our home (the home is paid off), the judgement creditor can only seize our SUV if he so desired. I was up online yesterday and noticed that he filed a RJI against us, in the description under “relief sought” it states “non monetary relief” and then “miscellaneous”. What does that mean? Any help is much appreciated!What is the name of your state?

You were informed wrong. You only have a $10,000 exemption on your home. The JC may be able to force the sale of your house.

I suggest taking a loan against your house and paying the judgment off.


DC

 

[You Are Guilty]

As noted above, the RJI is merely the court's form to request the assignment of a judge to a case. (The default was handled in the Motion Support office which doesn't have a judge). There are limited choices on the RJI to choose from, so the non-monetary relief/misc. can refer to a zillion different things. My guess is the creditor is either intending on using the default judgement to get the judge to order you to provide some financial information, or that they are planning to request some "equitable" relief (the opposite of monetary) - which, as already stated, means they want your house/car/other assets.

On the bright side, other than the RJI, the creditor is required to send you a copy of all papers they file with the court, so you at least have that going for you.

 

[Maria New York]

You were informed wrong. You only have a $10,000 exemption on your home. The JC may be able to force the sale of your house.

I suggest taking a loan against your house and paying the judgment off.


DC

Greetings:

Thank you for your response, not one I wanted to hear, but I asked!

Am I to understand that the crumb can force the sale of my home for a debt over $10,000?
So in effect, because we owe him $12,000 he would be able to take this action against us and actually have this occur? Or is the court reluctant to accept these rash actions?

For example, a friend of mine was seriously injured in a card accident, by the fault of the other driver, he sued but was only awarded $300,000 which was the cap of the insurance policy. It was explained to him that going after their home, etc. is a no win situation.
Jury’s and Judges alike are extremely reluctant to approve of these actions.
Would a Judge actually allow that? Also, how would a bankruptcy fit into this for us?
Thanks again,

 

[Maria New York]

bump

Sorry about this bump folks, but I am now concerned about this crumb's plan of attack!

NOTE TO COLLECTION PROFESSIONALS up here - We have made numerous attempts to be reasonable about this with the vermit, he refuses to compromise. His son is his lawyer, so he sues frequently, we have researched him and his ambulance chasing son extensively, they sue everybody that they can get their greedy little hands on! And win! In most cases the lawyer fees would exceed the debt! So why defend it. Not so in our case however. We made a mistake not defending his claim, we do owe him around half of the judgement and are willing to pay him precisely what we owe. They want the grossly inflated judgement! Not going to happen. It's principal now!!!! Thanks for any and all help, and even you flamers!

 

[seniorjudge]

When you do not answer a lawsuit, then that means that you agree with what the lawsuit says.

This is one of those Golden Rules cases: He who has the gold makes the rules.

See if you can get this settled. "It's the principle of the thing" cases are very expensive!

 

[Maria New York]

Thanks SeniorJudge

Judge

One more query. How does bankruptcy apply here?
Our home is paid off, no real other assets.
Regards,