Once, I win a verdict as a judgement creditor, how do I find out if defendent has any prior judgement creditors or liens that have priority in getting paid first? They can be in any other state.
State/Country relating to question: New York
-borrower refused, evaded paying me.
He doesn't have wages; he is a self employed professional. Its cash that I' am owed, not real estate. What is my priority here?
What is difference between being a judgement creditor and filing the writ? How do you file a writ?
If i have equal priority, can defendent choose to pay everybody before me?
I judgment is a piece of paper signed by a Judge that says defendant owes you money. A writ is an order by the court instructing a sheriff or an employer to do something such as go into his home and take property or order an employer or a bank to give you a certain amount.
The writ is what controls who gets what first. Date of Judgment is irrelevant.
I assume the judge who renders the verdict can sign the writ at the same time? In this case, it would be cash from his bank. I presume he can be forced to reveal his bank.
I assume the writ is the lien on the bank account?
Writ on the bank account is one form of writ. Same judge can sign, but not at same time. Must wait 30 days after judgment to do writ due to appeal timelines. And you would need to send out interrogatories to get information about his bank.
Are interrogatories Court forms that go to the bank or the defendant? And what if you don't know his bank or bank account?
How does the Court know any bank accounts defendant is hiding?
Interrogatories are written questions you give to defendant to get information. The court does not know. You or whoever you hire needs to provide info to Court
In other words, if I don't know his bank, he can refuse or not reveal it to the court.If he lies, is he subject to penalties, fines, perjury?
If defendant refuses to or evades giving bank information, what recourse is there?
Lying in an in interrogatory is perjury. If he refuses to answer, first you do motion to compel, and then Judge can force him to answer or face jail.
ok then. that answers questions. What state do practice in?
If his bank account is in another state, is the judgement good in that state too?
Yes, but you will need to domesticate the Judgment pursuant to the procedures determined by the clerk of court in the State where you need to file.
what does domesticate the judgement mean? travel to the state?establish residence in the state?...etc?
Before I undertake court procedure, need to know how much time and difficulty it can expect to be.
Domesticate Judgment means filing the Judgment with the clerk and have a local attorney enter the judgment in the new State. This can all be done by mail. You would need to work with the clerk of Court in the State where you need to file.
Ok. that answers my questions.
Contract questions and Incorporation questions answered.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).