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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2849
Experience:  30 years of experience
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I am in New York State. In 1998 my family incurred medical

Customer Question

I am in New York State.
In 1998 my family incurred medical bills from a Hospital of approx. $2,000.00 and did not pay. Reasons not important at this point.
10/27/2004 Summons and Judgement filed and served in Binghamton NY Court.
2016 a new demand for the amount plus interest and penalty from Collection agency. $6,000.00 12 years later.
There is a garnishee of wages set to take place for my wife's employer as of 4/29/16.
Neither the collection agency or the hospital filed for a renewal of this judgement in the 9th year after the Judgement. All court records have been checked under my name as well as my wife and no renewal has been found.
I feel that the Statute of Limitation SEC 211 (b) Civil Practice Law applies here and the debt should be discharged as the judgement was not renewed in a timely manner. A proper renewal in the 9th year would extend the judgement to a total of 20 years, but they did not file for the extension.
My Question: There is some question as to a possible distinction in the Statute of Limitations for types of Judgements (Monetary vs. Property) and if the "9th year" filing is relevant to either. My take is that the limitation does apply to a monetary judgement....but I am not sure.
Submitted: 7 months ago.
Category: Legal
Expert:  Gerald, Esq replied 7 months ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Under section 211(b) there is a statute of repose on the ability to collect on a money judgment after twenty years. BUT the judgment must be renewed at the 10 year mark. This is done by applying for a renewal judgment at year 9. In order to garnish your bank account, the creditor must have a court order. They must go to Court and apply for the Garnishment. At that time you can oppose the Garnishment by asserting that they failed to renew the judgment and that it has therefore expired. See:http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5014.html http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-211.html I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald
Customer: replied 7 months ago.
You never answered my question. You only repeated what I told you.....?
My Question: There is some question as to a possible distinction in the Statute of Limitations for types of Judgements (Monetary vs. Property) and if the "9th year" filing is relevant to either. My take is that the limitation does apply to a monetary judgement....but I am not sure. Does the collection agency have to renew in the 9th year? The judgement results in a property lien and does this make a difference?
Expert:  Gerald, Esq replied 7 months ago.
Hello: Thank you for the opportunity to clarify. I am sorry that I was not clearer in my attempt to answer. The 10 year renewal requirement only applies to the lien on real property. It does not apply to other mechanisms for the enforcement of the judgment. The judgment obtained in NY is enforceable for a period of 20 years. See CPLR § 211(b). The requirement to renew the judgment applies to any judgment liens against real property. If they do not renew the judgment than any judgment lien that was placed on the real property expired and is no longer enforceable. CPLR § 5014 They can STILL seek a garnishment of wages even though they did not renew the Judgment. The requirement to renew does not apply in regard to the Garnishment. See: http://www.nationallist.com/image/cache/White_Paper_New_York_Debt_Collection.pdf What I was trying to say above is that this does not mean that you can not challenge the Garnishment. But that the renewal of the judgment is not a basis. Please note that in New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income.. If your disposable income is less than thirty (30) times the minimum wage, it cannot be garnished at all. "Disposable earnings" refers to your earnings less the deductions required by law (i.e. taxes, Social Security, unemployment insurance, etc.). In re-reading my response I see that I was not as clear as I could have been. I understand that you may have been seeking a different response. Unfortunately New York does is not as friendly a jurisdiction to the consumer as other jurisdictions. Good luck. Kind regards,Gerald