Tuesday, July 27, 2010

ENFORCEMENT OF JUDGMENTS

A recent consultation revealed that in a small claims action, the client received a default judgment against a defendant. Now what? The problem is the same in any litigation: it is easy to obtain a judgment but to enforce it is another story. I have been involved in litigations in which the proceedings involved after trial in order to enforce the money judgment were as protracted as the trial itself. The New York State Unified Court System has put out a pamphlet on Small Claims & Commercial Small Claims Actions procedures and starting on page 18 is a discussion on how to enforce the judgment and this contains information that is relevant to any litigation. Here is the link:

Guide to Small Claims & Commercial Small Claims in New York City, Nassau County, Suffolk County

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