Jl130 Posted June 9, 2013 Report Share Posted June 9, 2013 Hey everyone I have a question regarding judgement in NY state court, I will be translating on my family member's behalf on his third court appearance, during the lastcourt appearance, I questioned the JDB's credibility as advised. So the Judge postponed the next meeting so the plaintiff can bring some real evidence in. My question is if they do indeed prove they have legality in the debt by bringing in all of the documents needed. What are my options? Do we have the option to settle or will a judge place a judgement on the defendant immediately and force him to pay full amount? or is the judgment only placed if the defendant refuses to pay. I am not familar with NY state court procedure, please reply with any information. Link to comment Share on other sites More sharing options...
shellieh98 Posted June 9, 2013 Report Share Posted June 9, 2013 If you object to the evidence, they will probably not win. In the event they do, he will get a judgement against him. If he does not pay it, the plaintiff will bring him back into court with intergorratories, or a look at his assests. if he has a job they will do wage garnishment. If he has a bank account, they can levy it. Some JDB's will still take a settlement if they have a judgement, usually it has to be a one lump sum, and they do it so they don't have to drag him into court and try and make him pay. They usually wont settle for less than 50% at that point, as they have rights to the full amount. Link to comment Share on other sites More sharing options...
Jl130 Posted June 9, 2013 Author Report Share Posted June 9, 2013 If you object to the evidence, they will probably not win. In the event they do, he will get a judgement against him. If he does not pay it, the plaintiff will bring him back into court with intergorratories, or a look at his assests. if he has a job they will do wage garnishment. If he has a bank account, they can levy it. Some JDB's will still take a settlement if they have a judgement, usually it has to be a one lump sum, and they do it so they don't have to drag him into court and try and make him pay. They usually wont settle for less than 50% at that point, as they have rights to the full amount. Thanks for the information, so is it better to settle if they do present the right evidence then get a judgment then settle with them? Just preparing for the worse, if the defendant has a joint bank account and he removes himself from it, can it still be levied? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 10, 2013 Report Share Posted June 10, 2013 I would close the bank account all together, and reopen in the other persons name only. But you need to find out if NY is a community property state, they may be able to levy it if they can prove he uses it.They usually try to garnish any wages, or tax returns, or if they have more than 1 car, if it is worth anything. Link to comment Share on other sites More sharing options...
racecar Posted June 10, 2013 Report Share Posted June 10, 2013 The plaintiffs attorney will try to ask if you want to settle, He will tell you this can all be over just sign here, if you sign the stipulated judgment(consent decree). Read carefully! By signing below, you are consenting to the terms of a judgment against you. Tell him not to sign anything they offer, The junk debt buyer only has a spreadsheet with his name and account number and a balance that he cant prove and will act like he has enough evidence to defeat him at the trial. If he admits to the debt its over, If he denies the debt is his the attorney will have to prove that he owes the money asked for. Good luck Link to comment Share on other sites More sharing options...
Jl130 Posted June 10, 2013 Author Report Share Posted June 10, 2013 The plaintiffs attorney will try to ask if you want to settle, He will tell you this can all be over just sign here, if you sign the stipulated judgment(consent decree).Read carefully! By signing below, you are consenting to the terms of a judgment against you.Tell him not to sign anything they offer, The junk debt buyer only has a spreadsheet with his name and account number and a balance that he cant prove and will act like he has enough evidence to defeat him at the trial. If he admits to the debt its over, If he denies the debt is his the attorney will have to prove that he owes the money asked for. Good luck Thank you for the reply! it was very insightful for whats to come, my main concern will to getting the judgment vacated because as you said, we do have so much in our favor if the judgment can be vacated and trial is resumed. Will the plantiff be contacting us all via mail and what can we do if we don't sign the judgment, will the judge force us to? Link to comment Share on other sites More sharing options...
shellieh98 Posted June 10, 2013 Report Share Posted June 10, 2013 The plaintiffs attorney will try to ask if you want to settle, He will tell you this can all be over just sign here, if you sign the stipulated judgment(consent decree).Read carefully! By signing below, you are consenting to the terms of a judgment against you.Tell him not to sign anything they offer, The junk debt buyer only has a spreadsheet with his name and account number and a balance that he cant prove and will act like he has enough evidence to defeat him at the trial. If he admits to the debt its over, If he denies the debt is his the attorney will have to prove that he owes the money asked for. Good luckHe missed the court date racecar. They probably already have the default judgement. Link to comment Share on other sites More sharing options...
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