What is the process for collecting a judgment from an out-of-state party in small claims court?
In order to collect a judgment from an out-of-state party in Small Claims Court in New York, there are several steps to take. The first thing you must do is determine if the court in the other state will recognize the judgment from New York’s Small Claims Court. This is important, as some states do not recognize judgments from other states. Next, you must file a Request for Out-of-State Certificate of Judgment form with the New York County Clerk in the county where the judgment was entered. This form is available online and in the Small Claims Court clerk’s office. Once the Request for Out-of-State Certificate of Judgment form is completed, filed, and approved, the court will issue an Out-of-State Certificate of Judgment form. This will allow the judgment creditor to take enforcement actions in the other state. The judgment creditor must then go to the court in the other state and file the Out-of-State Certificate of Judgment form. The court will then enter the judgment in that state, and the judgment creditor can then take enforcement actions, such as wage garnishment, liens, or writs of execution, to collect the judgment amount. It is important to note that the judgment creditor must follow all state laws, and it is advised to consult with an experienced lawyer if necessary. In some cases, procedures and requirements may vary from state to state, depending on the jurisdiction. Additionally, it may take longer and cost more to enforce a judgment from another state.
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