Post Judgment collection options in NY and NJ
If you have obtained a judgment in a court of law in New York or New Jersey , it is important to understand some of the options available to you if the debtor fails to pay the judgment or respond to request for information regarding their assets. Here are a few legal options you may want to consider:
Filing a motion for contempt: If the debtor is found in contempt of court for failing to respond to information requests regarding their ability to pay the judgment , they may face fines, imprisonment, or other penalties. This option is generally reserved for cases where the debtor has the ability to pay the judgment but is deliberately refusing to do so.
Seeking a court-ordered sale of the debtor’s assets: Depending on the circumstances, you may be able to seek a court order requiring the debtor to sell certain assets in order to pay the judgment. This option may be particularly useful if the debtor has valuable assets that can be sold to cover the amount of the judgment.
Garnishing the debtor’s wages: If the debtor is employed, you may be able to seek a court order requiring their employer to garnish a portion of their wages to pay the judgment. This option is typically limited to a certain percentage of the debtor’s income and may not be available if the debtor is already having their wages garnished for other debts.
Placing a lien on the debtor’s property: If the debtor owns real estate or other property, you may be able to place a lien on it to secure the payment of the judgment. This means that the property cannot be sold or transferred until the judgment is paid.
It is important to note that these options may not be available in all cases and may require the approval of a court. It may also be helpful to consult with NYNJlitigators.com (800-401-7375) to determine the best course of action for your specific situation.