If I have sued someone and wonbut they are refusing to pay, what should I do?
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If I have sued someone and wonbut they are refusing to pay, what should I do?
Asked on July 18, 2011 under Bankruptcy Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a judgment against someone concerning a lawsuit that you won on, you need to collect on the judgment. Collecting on a judgment is a difficult and long process typically.
For starters, you could write the person against whom you have a judgment asking for voluntarily monthly payments. Most likely the requst for such will be ignored.
After this attempt, you can have an abstract of judgment issued by the court clerk which is a lien against the person you have a judgment against. You would record it with the county recorder's office where the judgment debtor lives. The recording creates a lien on any real property that person may have.
You can also have an order of examination issued by the court and served on the judgment debtor. This order requires the person to show up and answer questions about his or her assets for collection. From the information obtained, you could have a levy on stated bank accounts done by the sheriff for payment on the amount owed. The levy process requires additional paperwork.
Potentially there is a county program throughb the local attorney bar association to assist you on the collection process.
Good luck.
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