New York Business Litigation Attorneys
You Won A Judgment Now What?
A judgment is just a piece of paper, unless you can enforce it.
For A Free Consultation
Call Our Commercial Litigation Attorneys:
Midtown Manhattan Office: (212) 858-0503
Our White Plains Office: (914) 574-8330
Email: Michael@newyorktriallawyers.org
Are You Ready To Get Your Judgment Paid?
If you have a judgment and you know the person or business that you got the judgment against has assets or money, how do you enforce it? Our New York City and Westchester commercial litigation lawyers have decades of experience in enforcing judgments and getting our clients paid. Our attorneys are aggressive, creative and think outside the box.
Do I Have To Throw Good Money After Bad?
Not necessarily. One of the most common complaints among people who have won judgments, is that they have already paid significant attorney’s fees to win a judgment, now they don’t want to spend more money to maybe collect it. In certain circumstances our New York commercial litigation lawyers take Judgment Enforcement cases on contingency, so there is no fee to you if our lawyers don’t collect the judgment.
Time Can Be On Your Side
One of the most common frustrations that our commercial litigation attorneys hear from our clients is that the debtor cost you money years ago, and you still haven’t gotten paid or the money have come in and paid in dribs and drabs. One thing to remember is if you have not been able to collect the judgment, you are entitled to interest at Nine Percent, from when the judgment was originally entered. So while it may take longer to get paid, than you may like, you are getting paid to wait and sometimes can recover more than what was originally owed.
How Do We Get Our Clients Paid?
Our Westchester and NYC commercial litigation attorneys use the tools available to under the New York Civil Practice Law and Rules, to enforce judgments. These mechanisms are under utilzed by many other attorneys, but our lawyers make full use of the tools available to us to get you paid.
Subpoenas Help Us Find The Money
As officers of the Court, when our NYC commercial litigation attorneys are representing a client with a judgment, the law allows us to issue subpoenas. One of the most effective tools we use is issuing a subpoena to whatever bank the debtor has an account or a mortgage with. Usually with a mortgage, the debtor will file a personal financial statement or loan application that itemizes their assets. Another tool is the information subpoena, where we issue a subpoena to the debtor and require that they provide information about their assets.
The Property Execution
Once we find out where a debtor has a bank account, safety deposit box or investment account, our Westchester & NYC commercial litigation attorneys issue property executions and restraining notices to the bank or investment firm. Once a bank receives a restraining notice, the bank has to freeze the account. Then our attorneys send the New York City Marshall or the Westchester County Sheriff to seize the funds in the bank account, investment account or safety deposit box.
The Wage Garnishment
Once our NYC and Westchester commercial litigation attorneys learn where a debtor is working, we issue a wage execution to the New York City Marshall or the Westchester County Sheriff. New York law allows the Marshall or Sheriff to take a percentage of the debtor’s wages every pay cycle to satify the judgment. The beauty of this mechanism is that payments get made as long as the debtor works and can go on for years. Also, since the interest continues to accrue, many times, the wage execution results in significant interest payments while the underlying judgment remains in effect.
The Turnover Proceeding
Where a debtor has certain personal property of value, such as stocks, valuable art, jewelry, a car, boat, or an interest in a business, the law allows our NYC and Westchester commercial litigation attorneys to bring a special proceeding to order the debtor to turn the property over to satisfy the judgment.
The Periodic Payment Order
Our NYC and Westchester commercial litigation lawyers have successfully used this mechanism with self employed people. Where you can prove a debtor earns money, New York law allows the Court to order that the debtor make periodic, i.e., monthly or weekly payments toward the judgment. Our attorneys have successfully proven these cases by issuing subpoenas for the debtor’s tax returns. The periodic payment order also has teeth, because if a debtor fails to make the payments, the Court can hold them in contempt. Our commercial litigation attorneys have actually had debtors incarcerated until they make the payments.
What Do You Do When A Debtor Is Hiding His Assets In Other People’s Names?
New York’s Voidable Transfers Law, (formerly the Fraudulent Conveyance Act) allows the Court to void certain transactions and to order property turned over to the judgment creditor, or in the case of real estate sold at a public auction. In general where a debtor to defraud his creditors by transferring property, to a relative, including a spouse, or to a company they own, in order to keep the property from being executed against, the Court has the ability to void that transfer. To void a transfer, a judgment creditor can bring a special proceeding, which is an expedited court petition to obtain an Order.
Our Midtown Manhattan Law Office
18 West 33rd Street
Suite 400
New York, NY 10001
(212) 858-0503
Monday 8:30 AM – 6:00 PM
Tuesday 8:30 AM – 6:00 PM
Wednesday 8:30 AM – 6:00 PM
Thursday 8:30 AM – 6:00 PM
Friday 8:30 AM – 6:00 PM
Saturday Closed
Sunday Closed
Our New York City commercial litigation lawyers have decades of experience in representing New York City’s business community. Our office is centrally located in Midtown Manhattan, across the street from the iconic Empire State Building. We are a half block from Herald Square and a block and a half from Penn Station. We are also a short walk from the 6 train, the Path and Grand Central station.
Our Westchester Office
203 East Post Road
White Plains, NY 10601
Monday 8:30 AM – 6:00 PM
Tuesday 8:30 AM – 6:00 PM
Wednesday 8:30 AM – 6:00 PM
Thursday 8:30 AM – 6:00 PM
Friday 8:30 AM – 6:00 PM
Saturday Closed
Sunday Closed
For decades, our Westchester commercial litigation attorneys, have handled commercial litigation cases from our downtown White Plains law office, which is walking distance from the Westchester Supreme Court and the U.S. District Court in White Plains. Our downtown White Plains Law Office is convenient for clients from Westchester including White Plains, Scarsdale, Rye, Hartsdale, Yonkers, Bronxville, Mamaroneck, Dobbs Ferry, Tarrytown, Greenburgh, Mt Kisco, Mount Vernon, Elmsford, Port Chester, Ossining, and New Rochelle.
