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.
Related FAQs
How do I submit a written statement in a small claims court case?Can I request a change of venue in a small claims court case?
What is the process for appealing a small claims court decision?
Are there any limits on the amount of damages I can be awarded in a small claims court case?
Can I take depositions in a small claims court case?
How do I collect a small claims court judgment from a business?
What is the process for collecting a judgment from the other party in small claims court?
Can I request attorney fees in a small claims court case?
What is the cost of filing an appeal in small claims court?
What happens if a judgment is not paid in small claims court?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023