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Which Funds Are Exempt From Judgment Enforcement?

FFGN COLLECT NY

When considering what funds are exempt from judgment enforcement and the reach of judgment creditors, New York and the federal government draw a line between enforcing judgments against consumers and enforcing judgments against commercial entities. Social security disability (SSD).

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Unleash the power of Rule 69 to help you collect on your judgment

Collections Law

Cohen & Associates LLC, our Massachusetts commercial collections attorneys have over 50 years of experience in aggressive, relentless, effective and commercial debt collection including but not limited to judgment enforcement and domestication. Under Rule 69, a creditor has the right to conduct discovery into a debtor’s financials.

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A Good Collection Attorney Knows How to Benefit From New York’s Liberal Judgment Enforcement Policies

FFGN COLLECT NY

You have knowledge of the debtor’s financial institution and so your attorney issues an information subpoena with a restraining notice to the financial institution to see if any funds are being held. Your attorney must then file a motion to turn over funds with the court and serve a copy upon the debtor and the bank.

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Acquiring a Judgment Debtor’s Interest in an LLC

FFGN COLLECT NY

New York debt collection laws allow judgment creditors many ways to collect from debtors. One option available is to take over or “charge” a judgment debtor’s interest in an LLC or limited liability company. NY Civil Practice Law and Rules Article 52 is the go-to statute for judgment enforcement in New York.

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CNN interviewed Jocelyn Nager New York Debt Collection Lawyer

FFGN COLLECT NY

Turnover of the funds, restrained or frozen, depends upon whether the judgment debtor is the sole owner of the account, the balance in the account, and the source of the funds. The Sheriff or Marshal will not enter a private home to seize assets belonging to an individual judgment debtor. Seizing personal property Ms.

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Can a Debtor Get Their Money Back?

FFGN COLLECT NY

After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really get their money back? If the demand is not productive, you needed to sue and wait for judgment. Only once the judgment is entered can you collect the monies through judgment enforcement.

Debtor 52
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If a Judgment Debtor Is a Beneficiary of an Estate, You Can Have the Distribution Sent to You Instead

FFGN COLLECT NY

When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success recovering monies owed, the judgment may seem uncollectible. However, if the debtor is a beneficiary of a deceased New Yorker’s estate, you may be able to enforce the judgment through estate distribution.