Collecting a judgment can be hard and frustrating. After you win a judgment, you would want to collect the money owed to you as soon as possible. To successfully collect on a judgment in New York, you need to keep the following tips in mind:
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Use Only the Legal Collection Means
The person who owes you money may have legal protection against abusive or unfair debt collection methods. When collecting the judgment, avoid lying or making misleading statements, do not tell the employer of the debtor about the situation, never harass the debtor or call them at any time or place that is convenient to them. In general, you should not threaten to hurt them or their family.
Don’t Collect Aggressively
Aggressive debt collection may force your debtor to file for bankruptcy. When this happens, you would have to go to the federal bankruptcy court to file a claim. You can avoid this by working out a payment plan with your debtor.
Keep Related Records
Always have a record of your efforts for collecting the judgment and get a copy of the judgment. Ensure you know how to contact your debtor and have a list of their assets. Also, keep track of your collection expenses because a lot of these can be reimbursed. If your debtor makes partial payments, record the dates they did so.
Seek Legal Help
If you are not getting a positive response from your judgment debtor, it may be time to ask a debt collection attorney for help. Your attorney will get a percentage of the judgment as to their fee. When your attorney accepts your case, they will write letters to your debtor and help find their assets.
Don’t Forget to Renew the Judgment
Judgments can be enforced for ten years and can be renewed for another ten. You need to renew your judgment before its expiration. You can ask your attorney to help you navigate this complexity and ensure you meet important deadlines.
Ask Help from a Court
If your judgment debtor refuses to pay you despite your collection efforts, you can ask the court to make orders that will let you obtain information on the assets of the debtor, collect from their property, suspend their real estate, driver’s license, or contractor’s license, and collect from their retail business if available. Your lawyer can help you understand the court and how the collection process works.
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