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Why is it I can’t seem to get a straight answer from my lawyer friends on why it’s so rare having personal property seized in NY to satisfy a judgment? I have scoured files, court records, blogs, etc. I can’t find one instance where personal property has been seized in New York State.

When I asked my attorney friends/judges on this fact, their faces get dark and they mumble something like, “…Don’t wanna go there.”

Any thoughts or information, bloggers????

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I think it is because they don't know the answer. Truthfully, I don't know the answer under California law (without looking) but I believe it can be done.

What you need is a good manual or text on enforcement of judgments in NY. Go to a law library and look for something like this: http://www.nlfcle.com/cgi-bin/nlfcle/3001300.html

or one of the publications mentioned in this article:http://www.albanylaw.edu/sub.php?navigation_id=822

Good luck.

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Most likely it is never pursued due to all the expense and hassle with little return.

For property to be seized to settle a judgment, someone appointed by the court would have to physically take the property, it would have to be stored, then sold at auction, and then the proceeds forwarded to the creditor.

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Why is it I can’t seem to get a straight answer from my lawyer friends on why it’s so rare having personal property seized in NY to satisfy a judgment? I have scoured files, court records, blogs, etc. I can’t find one instance where personal property has been seized in New York State.

When I asked my attorney friends/judges on this fact, their faces get dark and they mumble something like, “…Don’t wanna go there.”

Any thoughts or information, bloggers????

It might be because it's simply such a pain to do. In PA every county has different ways of doing it. You have to get the judgment, docket the lien, hunt down the property or assets, engage some sheriff's deputies to seize it and then sell it. Usually we just docket the lien against a property, wait for someone to try and sell their property and then get it. Of course, that might take years.

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Many thanks for helping me out on this Gee-Whiz subject. I wondered if I was missing something. My research quickly came to dead ends. The stimulus was an observed court case and an attorney’s remarks to a defendant I overheard.

The whole subject of seizure of personal property seems comparable to Bigfoot. Folks are convinced the beast exists and they’re probably correct, but that one dumb animal that always gets hit and killed by a car hasn’t happen after all these years.

NYS does have exemptions to personal property and income to insure basic subsistence. The law/act was updated this January 2009, but it must be an old law. A horse, a sword, and a rifle are some of the items exempt even now.

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If there are exemptions for personal property, it would stand to reason that there is a procedure for seizure.
Why would you seize property that's worth pennies on the dollar and even less at an auction,i wouldn't have use for a VHS that's 10 years old.Just a thought.:shock:
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Why is it I can’t seem to get a straight answer from my lawyer friends on why it’s so rare having personal property seized in NY to satisfy a judgment? I have scoured files, court records, blogs, etc. I can’t find one instance where personal property has been seized in New York State.

When I asked my attorney friends/judges on this fact, their faces get dark and they mumble something like, “…Don’t wanna go there.”

Any thoughts or information, bloggers????

Ok, after look around our state site, seems its just a plain pain in the arse

you would have to make sure theres no " outstanding leins, interest ect, , then no exemptions , cant take a car thats still being paid on. ect. Then you have to file alot of paperwork, pay storage ect. give X time for redemption. you may even have to file Taxes on the sale. if there is X left over make a special account for that..it could ONLY be worthwhile if your asking tons & tons of money like in a class action suit.and in Superior/ Federal court. , the cost alone would be HUGE and its very time consumming

if someone owes thier home you would be better going for a lien, same for bank accounts, getting a garnishment is the easier way to go.

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The OJ civil suit. They tried to seize as much of his personal property as possible. It is only cost effective when there is lots of assets.

twenty years ago I did try to seize property from a judgement I got on a renter. He had cars in his name. Went through all the motions just to have the deputy show up and find out the guy had sold the car a week earlier. Wasn't worth it.

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