How canI collect on a judgment that was issued in one state ifthe debtor now lives in another?

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How canI collect on a judgment that was issued in one state ifthe debtor now lives in another?

I won a small claims judgment years ago in NY and the debtor skipped town. I recently found her but in NJ. I know she filed bankruptcy a while back, however, she did not list me as a debtor. How can I collect on my claim before my statute runs out? Do I have to refile in NJ?

Asked on March 22, 2011 under Bankruptcy Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You do not need to refile in New Jersey but you should begin the process of locating her assets, which include bank accounts, motor vehicles and homes. See the New Jersey Department of Motor vehicles for your options on placing a lien on her car. See the registry of deeds about placing a constructive lien on her home if she owns a home. Find out where she works and place a wage garnishment with her employer. See if she has bank accounts and submit your documentation to place a freeze on that account. If she didn't list you as a creditor on her bankruptcy, you are quite lucky. Consider hiring a private investigator if you wish to gain this information quickly so you don't run out on the time period you have to collect this debt.


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