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I'm the debtor and I won my small claims case. The defendant…

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Second opinion] I'm the...

Second opinion] I'm the debtor and I won my small claims case. The defendant has a credit loan with a bank, would that be an asset that I can levy as a bank levy? Is that another form of their asset?

Lawyer's Assistant: What state is this in? And when did the issue begin?

I live in NJ and the defendant lives in NY. This issue began a few months ago.

Lawyer's Assistant: Has anything been filed or reported?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The bank the defendant has a bank loan with is Discover bank. The only branch location Discovery has is unfortunately located in Delaware. I know levying a bank in that State is not allowed, so I'm not sure if I can even levy any account in that state.

Submitted: 8 months ago.Category: Legal
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Answered in 1 day by:
11/19/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,323
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago
Hello, I sincerely ***** ***** patience with this question. I unexpectedly and surprisingly had to leave town on short notice for a person matter. However, you are still my number one priority. This means that I won't be able to engage in a conversation with you today, but does mean that I will be able to get back on tomorrow and you will have my full attention. I promise. I take care of my customers and I will take care of you. I appreciate your patience and apologized tremendously for the inconvenience. I will be sure to work with you soon.
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Customer reply replied 7 months ago
No problem. Thank you!
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. Again, I apologize sincerely. So, here is some information regarding your question. Loans themselves are going to be considered assets. The underlying asset is going to be the asset. For example, a bank will hand out a home loan, but the home is the underlying asset itself, not the loan. Another example would be a car or some other asset that the loan was used to pay for. Sometimes, a person can get a lien on that asset wherein after the original debtor is paid, the defendant will also have to pay the other person if they sell that asset. For instance, if they have a home worth $100,000, owe $20,000, and owe a judgment of $10,000, when they sell the home the $20,000 will go to the bank, $10,000 will go to the creditor, and the rest to the homeowner.

What other questions did you have for me today?

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Customer reply replied 7 months ago
Thank you for your reply. The loan is not for an underlying asset such as a home or car, it's for personal use. Like a credit card, or credit line. I know the branch location of the bank, can I still get a court officer to levy the account of the defendant? Also, how can I summon the defendant to court to fill out the information subpoena? Or can I send the subpoena through mail via a lawyer? This is a small claims case.
Lawyer: Legal Eagle, Lawyer replied 7 months ago
In my experience, there has to be an underlying asset like cash, a car, a home, or something of that nature. Typically, when you file for a writ of attachment like this, you have to have it served similar to when you file a lawsuit. They're required to respond to the subpoena as well.
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Customer reply replied 7 months ago
I live in another state than the defendant, so can I use the full faith and credit clause to file my judgment in an out of State court and then execute in that State? If so, what documents would I need to file that clause?
Lawyer: Legal Eagle, Lawyer replied 7 months ago
As far as what docs to file to file your judgment, unfortunately, I can't tell you that for sure because procedures can differ even by county. I'm very sorry. However, my recommendation would be to get the writ of attachment in the state where the judgment was filed because the defended is still under the jurisdiction of the previous judgment.
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Customer reply replied 7 months ago
The judgement was filed in my state, not theirs or another state. So I would not need to get a writ of attachment correct? What do you mean by the defendant is still under jurisdiction of the previous judgement? There's only one judgement that was filed, in my state.
Customer reply replied 7 months ago
Also, regarding the full faith and credit clause paper work, are those information provided by the court houses? Would I have to file it through a lawyer or attach it to the current judgement myself?
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Correct, you won't need to get a writ of attachment in another state. You would only need to get a writ of attachment in the state with the different was filed serving on the defend it. The reason that the the defendant is under that jurisdiction is because the Judgment was entered in your state. Also, if you were to authenticated ready in a different state you will not get a lawyer to do it. You may need to do some research or to contact the court to find out how to do it specifically, but a lawyer is not necessary.
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Customer reply replied 7 months ago
34;You would only need to get a writ of attachment in the state with the different was filed serving on the defend it." "Also, if you were to authenticated ready in a different state you will not get a lawyer to do it." What do you mean by authenticated ready?
Sorry but I didn't understand what those two sentences meant. Yes, the jurisdiction is in my state and the court had already sent the judgement to a court officer in my state. I was told that being that the defendant lives in another state, the court officers can't cross state lines when implementing certain judgement, however if I were to file or attachment the full faith and credit clause to the judgement, then will the court officers in my state be able to file those judgement on the defendants assets that in their state. Like the bank account, house, car etc.
Lawyer: Legal Eagle, Lawyer replied 7 months ago
I'm sorry let me clarify. I was using the text to speech. What I meant was that you can get a writ in the state where the judgment was filed. You don't need to get it in the defendenat's state. Depending on your jurisdiction, you ordinarily don't need the sheriff to serve, but it depends on your state. You can go to www.thumbtack.com and hire a process server to do it. If the state requires that a sheriff's officer do it, then you'll need to file for the writ in the state where the defendant lives and have their sheriff service the defendant there.
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Customer reply replied 7 months ago
Would I have to contact the defendants state superior court and file a foreign judgement through them? Also, can I file an information subpoena to the defendant through a process server?
Lawyer: Legal Eagle, Lawyer replied 7 months ago
you should contact their court. And yes, you can serve the info subpoena through a process server.
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