Berkovitch & Bouskila, PLLC is known for judgment enforcement in Rockland County and other parts of New York for a reason. We represent our clients as if we were representing ourselves. Using creative and innovative legal tactics we ensure our clients collect their judgements as they were promised.
The plaintiff receives a “judgement” when monetary damages are imposed in a case. The following step, known as implementing the judgement, is actually getting the money, which is not always uncomplicated.
The plaintiff who “earned a million dollars in trial” is well-known. On the other hand, courts do not award money; instead, they issue a monetary damages judgment. It is an important distinction: a piece of paper bearing “judgment” is not the same as money.
Not yet, at least. Competent attorneys may be required to uncover where the defendant’s concealed assets are in order to obtain the money owing. Then, with the support of skilled lawyers, the judgement can be enforced by seizing bank accounts and other assets.
Process of Judgment Enforcement
When it comes to Judgment Enforcement In Rockland County, New York, solid research is the key to successful judgement enforcement. Experienced solicitors search official documents and use their online databases to learn more about judgement debtors, their businesses, possessions, and financial arrangements. They might also hire independent investigators whenever needed.
Judgment Enforcement Techniques
Judgement enforcement proceedings and strategies may include the following steps:
- Searching for assets and looking up in the public records;
- Collecting information from judgment debtors, banking institutes, and other parties, motions and other applications seeking “turnover” or instalment payment orders, receivership petitions, wage garnishments, and contempt of court applications are all examples of post-judgment litigation and actions.
- Actions to set aside deceptive real estate conveyances and money and other personal property transfers, actions to impose liability on the concerned parties based on “de facto merger” and other successor claims, and actions to “infiltrate the corporate veil” and enforce personal liability on insiders who have mishandled their enterprises and misused the corporate form;
- Implementing on and selling real and personal property possessed by judgement debtors.
Judgment Enforcement In Rockland County, New York Mechanisms
Any federal or state judgement can be converted to a New York judgement through a simple reporting procedure, post which it is handled for all purposes, including enforcement as if it were originally a New York judgment.
Once turned, a judgement may be enforced against a judgement debtor’s property, regardless of where it is situated, as long as the debtor or “garnishee” (an individual or entity in possession of the judgement debtor’s assets or owing a debt to the judgement debtor) has a branch or corporate office in New York or is otherwise subject to New York jurisdiction. The asset itself can be in another country.
Furthermore, New York law simplifies enforcement by needing only a New York attorney to sign and issue an ex parte restraining order or judgment on the New York branch or office.
With a few exclusions, New York law enables execution on any intangible interest that can be ascribed or transferred, regardless of whether it is a prospective or existing interest or vested or not. For instance, if a judgement debtor has contractual rights, but the contract obligor has not yet performed, the judgement creditor may step into the judgement debtor’s shoes and gain from the obligor’s future performance.
Further Info On Judgement Enforcement
Suppose the judgment debtor and/or garnishee fails to hand over the assets demanded to fulfil the judgment.
In that case, the judgement creditor may file a “turnover” process in New York courts, in which the debtor or garnishee is forced to turn the assets over to the judgement creditor. A violation of a handover order can result in full civil and criminal contempt penalties.
The judgement by the New York Court of Appeals (the state’s highest judicial body) that, as long as a court has authority over a garnishee, the judgement creditor may reach the judgement debtor’s assets in the hands of that garnishee, irrespective of where the assets are situated, is the most dominant feature of the recent expansion in the field of NY law.
There is no requirement that the judgement debtor has any relationship with New York, that the court has jurisdiction over the judgement debtor, or that the assets be located in New York. It is enough to have a branch office or other evidence of conducting business operations in New York.