Collecting a judgement in NY

[Meowx3]

I live in upstate New York and on Sept 19, 2001 won a judgement against my landlord for $2600.00 Won by default, she never showed for the court date. 30 days later my attorney froze her bank accounts and property. It has now been over 60 days and she has made no attempt to pay the judgement or to appeal it for that matter. My questions are:
1) What is the time limit in NY that she has to appeal the default judgement?
2) Iv'e been told that the next step in collecting is to file the paperwork with the Sheriff's office and they will sieze her assets and sell them off to pay me. Is this the next step or am I missing something? Has enough time lapsed for me do this?
3) She is self-employed, is it even worth my time to try and garnish her wages?
4) Is it necessary for me to have her file with the court a list of all her assets?
Any help would be appreciated. I just want to make sure that I do everything right, in the proper order, and within the proper time frames. Thank You

 

[JETX]

Q1) "What is the time limit in NY that she has to appeal the default judgement?"
A1) If the judgment was rendered by an arbitrator, there is no appeal process. If rendered by a court, the appeal deadline is 30 days.

Q2) "Iv'e been told that the next step in collecting is to file the paperwork with the Sheriff's office and they will sieze her assets and sell them off to pay me. Is this the next step or am I missing something?"
A2) That is one of several possible steps that you can take, whether it is the next one depends on the results of your asset search on the debtor. I would suggest you go to a library or bookstore and get a copy of "How to Win in Small Claims Court in New York". The last chapter or two will detail the methods of enforcing your judgment.

Q3) "Has enough time lapsed for me do this?"
A3) If the 30 day clock has passed, yes.

Q4) "She is self-employed, is it even worth my time to try and garnish her wages?"
A4) No. What wages??

Q5) "Is it necessary for me to have her file with the court a list of all her assets?"
A5) Well.... sort of. At the time of the trial, you should have asked the court to order her asset disclosure. It is probably too late now. This means that YOU will have to get this information. Here is what a state consumer brochure says:
"If the party bringing the suit wins the case, the party who lost will often follow the court's decision without additional legal action. Sometimes, however, losing parties will not obey the decision. In these cases, the winning party can go back to court and ask for the order to be enforced.

The court provides some help in collection of judgements. For example, prior to rendering judgement, the court can order the defendant to disclose his or her assets and restrain the defendant from disposing of them. However, you must take the necessary steps to obtain payment of your judgement.

The Information Subpoena
After winning a judgement in your favor, you should try to contact the losing party to collect your judgement. If the defendant does not pay you, you may need the services of an enforcement officer-a sheriff, city marshal, or a constable. You must provide this officer with the information needed to locate assets (money or property) of the defendant, and the enforcement officer then can seize those assets to satisfy your judgement. The enforcement officer may request mileage and other fees before he or she seizes the assets. In many circumstances, these fees later can be added to the original judgement amount you receive from the defendant.

Property that may be reached by an enforcement officer includes bank accounts, wages, houses or other real estate, automobiles, stocks, and bonds."

You might also take a look at the information at the following site:
http://www.tenant.net/Court/Howcourt/sclaim.html#anchor121320



"Thank You"
Your welcome.

 

[Meowx3]

I just received a notice from the court ordering me to show cause as to why the judgement should be upheld. It was signed by the judge. Could someone please direct me to the new york law or stauate that states you only have 30 days to appeal a default judgement. Also, in her arguement to overturn the judgement, she is bringing up the subject of the security deposit. (The original case was she was trying to evict us for non-payment, even though she was holding the rent check. We counter claimed within the time specified, she responded 1 hour prior to the court hearing and never showed. We showed up and were awarded the judgement based on the fact that she did not respond 24 hours prior to the hearing. Her attorney is now claiming it was an oversight. My question is, can she bring up the matter of the security deposit now or can we argue that this subject is for another time and place?

 

[JETX]

Though your post is confusing, I have to answer that 'she' (?) can bring up any issue that she wants to the court and it is YOUR responsibility to challenge the relevance of the issue. And this depends entirely on the case, the claims made, the relevant issues, etc.

We, not being privy to ALL the facts and claims made, can't determine the relevance of the issues being raised. Simply, we can't play this 'game' long distance.