I did not appear for a hearing on a small claims case against me for in Massachusetts from a former landlord. They found in favor of the plaintiff (apt. Complex) and I received notice to pay $3800. I just received a letter that they will issue a Capias for failure to pay. Will that be enforced in NY? I have been a NY resident since 2001 which is the time they claimed I owed them rent from.
A Massachusetts judgment has to be " domesticated" in New York before they can collect here. That means they may have to notice you beforehand, which may give you a defense or two. Depends on the facts, which are best discussed with a knowledgeable lawyer in your area. That said, if you are afraid they could try to take your money and you keep it at one of those " too big to fail " banks, move it now.
A judgment from another State must be "domesticated" in New York before it can be enforced. With that being said, you may have one or more affirmative defense(s) to the collection enforcement. You should consider contacting a consumer rights or bankruptcy attorney to consult on this matter before moving forward with any particular plan of action.
Good luck with your case!
Jonathan D. Warner, Esq. is an attorney and licensed to practice in the State of New York. This answer is provided for informational and/or entertainment purposes only. It should not be relied upon as legal advice, which can only be offered to clients in an office consultation setting, after all of the facts and circumstances of a case or controversy can be fully considered and reviewed. No attorney-client relationship should be inferred by virtue of any answers posted. We are a debt relief agency and help people file for bankruptcy.
A "capias" is a writ ordering the arrest of a named person. You cannot be arrested for failure to pay a debt [exception being child support]. You misconstrue the use of the device. Ny courts generally disfavor enforcing money judgments acquired by default. Consult with a NY attorney.
THE INFORMATION CONTAINED IN THIS POSTING IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THE FURNISHING OF THIS INFORMATION DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP. AN ATTORNEY CLIENT RELATIONSHIP REQUIRES THE FURNISHING, REVIEW, AND SIGNING OF A RETAINER AGREEMENT.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline