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Won in small claims court but not payment yet

Rochester, NY |

Won about 4 years ago. It was only 1500. But, has bothered me that he hasnt paid. Is there a statute of limitation in NY? What should I do? Contact a lawyer?

Attorney Answers 7

Posted

You would be well-served to discuss your dilemma with a New York debt collection attorney in a confidential forum as soon as possible. Good luck!

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Posted

He isn't likely to pay voluntarily. You have to take steps to enforce the judgment.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

Winning a judgment in small claims does not automatically mean the defendant will pay you. You have to collect on the judgment.

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Posted

Why did you wait four yeas? Act now to get what is yours.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

Judgment good for 20 years. Speak to a collection lawyer to assist you. Also, look on back of small claims decision for methods of collecting.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Dear Small Claims Court Judgment Creditor:

It should not have been a surprise the debtor did not pay the judgment. You had to sue to get your money. But after your success, did you do take any of steps to collect the judgment as suggested to you by the Small Claims Court at:

http://www.nycourts.gov/COURTS/nyc/smallclaims/collectingjudgment.shtml

If so, then add a comment about the efforts you made to collect the judgment.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

Retain a lawyer in your area to collect the debt or you will never get any money. He has to have the funds or you will not be able to collect. If he has written you a check you can try to get the funds from his account or garnish his wages.

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