its a long story. I just need to know what assets are protected. Thank you
New York exemptions are found in Article 52 of the Civil Practice Law and RulesSee question
I was awarded an Arbitration Award in a matter against my former stockbroker. $235,000.00. How can I enforce this? How do I obtain a judgement? How long do I have to file for this?
You need to bring a Motion to Confirm an Arbitration Award in the County where the debtor resides/has a place of business.See question
I have had 3 full time incomes and have now dropped down to 1 full time income . I filed bankruptcy 4 to,5 years ago so I can't do it again . I had to return my car to the bank..and have had to stop paying all my other creditors due to lack of eno...
Prepare a statement as to your income and all claims made against you and circulate it to all of the creditors pursuing you. You may be able to get them to write off the debt or suspend their collection efforts.See question
Judgement of divorce states ex husband is to pay the ex wife $700 a month until his portion of the martial debt is paid off. It does not state any specifics such as, form of payment or when with in the month. If he send a check in the court appoin...
The debt cannot be discharged without Court Order. My suggestion is to make payment out of a distinct account and leave the money on deposit.See question
an attorney purchased my wifes papers and claims that I am responsible for her debts. she passed away leaving no estate which I explained to the lawyer who stated that in New York, the spouse is responsible for her debts. who is right? she had som...
The language that appears in most recent court decisions on the subject:
Under the common-law doctrine of necessaries, a spouse who receives necessary goods or services is primarily liable for payment. A creditor seeking to recover a debt against the nondebtor spouse must demonstrate that the primary debtor was unable to satisfy the debt out of his or her own resources, that necessaries were furnished on the nondebtor spouse's credit, and that the nondebtor spouse has the ability to satisfy the debt.
So, it is premature to say that you are not responsible. From the content of your original post, we can't determine if you don't have the assets to satisfy the claim or made a promise to pay for her care at the time it was rendered..See question
I owe student loans, but not sure how much they can garnish? I read 30x the min wage is exempt. Is that Federal minimum wage? or state? 7.25 fed wouuld be 217.50 while state would be 360.. decent difference
Pursuant to CPLR § 5222, an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum wage per hour prescribed in the Fair Labor Standards Act of 1938 (as amended) or 240 times the State minimum wage per hour prescribed in NYS Labor Law §652 (as amended) as in effect at the time the earnings are payable.
To answer your question, the higher number is exempt.See question
Or do they actually have to search. Not sure if there is a database of some sort
There are services which can search for a person's employment, but generally speaking the information comes from credit reports or subpoenas issued by the creditor/creditor's attorney.See question
I head up a small judgment enforcement firm and recently commenced a wage garnishment for a very nice older couple. My clients, the creditors, were happy to see that the fee charged by the Sheriff was added to the total recoverable amount and wond...
Since you are post-judgment, you can not recover fees or costs from the debtor without a court Order permitting them.See question
I won a judgement at small claims court, and the debtor did not pay and is not responding to sheriff and ignores the subpoenas completely. As a creditor collecting for my own account (and not a debt collector) can I contact the debtor employer,...
You may obtain location information from third parties but do not discuss the debt with them. Unfortunately all of the effective methods of collection cost money.
If you know where he banks, you could walk in an Information Subpoena with Restraining Notice to the bank branch. That is probably the lowest cost, highest return you will get.See question
I was taken to small claims court 12/10/15-I agreed I owed the money ($5020.00 W/court costs). On 12/11/15 the plaintiff signed an agreement with me for payments of $25.00 or more weekly until balance is paid. I have sent checks to her every week ...
Show the signed agreement to the Sheriff. That should stall any further demands until they check with your creditor.See question