Won in small claims court but not payment yet

Asked over 1 year ago - 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)

  1. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  2. Jayson Lutzky

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  3. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

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

  4. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  5. Edwin Drantivy

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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!

  6. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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/...

    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... more
  7. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,813 answers this week

2,944 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,813 answers this week

2,944 attorneys answering