What remedies are available if the defendant fails to comply with a court order in civil litigation?

If a defendant fails to comply with a court order in New York, the plaintiff has a few remedies available to them. The most common remedy is to ask the court for a contempt order. A contempt order is a court order that states the defendant must comply with the previous court order or face harsh penalties, such as fines or jail time. The courts will generally issue a contempt order when the defendant willfully refuses to comply with the court order. In addition to a contempt order, the court may also issue a writ of execution. This is a court order that authorizes someone to seize the defendant’s property and sell it in order to satisfy a judgment. This is done when the defendant fails to pay a monetary judgment rendered against them. Finally, the plaintiff has the option to pursue an independent cause of action against the defendant for failing to comply with the court order. This is not common, but it is available as an option for the plaintiff in certain cases. In this case, the plaintiff can sue the defendant for damages related to their failure to comply with the court order. In short, if a defendant fails to comply with a court order in civil litigation in New York, then the plaintiff has a few options for remedies, including a contempt order, a writ of execution, or an independent cause of action.

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