Glossary
Judgment Enforcement
A court-imposed money judgment is an official note stating that a debt is owed by law. However, the court is not responsible for actually collecting the money owed. While courts can award damages and demand that companies or individuals pay your outstanding debt collection judgment, they cannot compel the debtors to give you the money physically. If the debtor doesn’t pay, you resort to hiring an enforcement agency like Reclaim Strategies.
Information Subpoena
The Information Subpoena is a legal document demanding an individual or entity to answer questions about where the debtor’s assets are located. Once the debtor’s assets have been identified, Reclaim Strategies may pursue a garnishment, seizure, or levy to satisfy the judgment.
Writ of Execution
A Writ of Execution is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Wage garnishments are exercised to collect unpaid judgments, including court costs and the present value interest of the judgment.
One-time Garnishment
A one-time garnishment is filed against the debtor’s bank and obligates the debtor’s bank to freeze any activity in the bank accounts and withhold the funds held in the accounts up to the judgment amount. The debtor is notified of the bank garnishment only after the financial institution has been served with the garnishment, preventing the debtor from withdrawing funds and avoiding the garnishment.
Continuous Garnishment
Continuous garnishments are filed against the debtor’s employer (also known as wage garnishment) or tenant (rent garnishment) and can last for a specific period depending on the County. When a garnishee is served with a continuing garnishment the garnishee is required to withhold a percentage of the debtor’s disposable income through the date on which the creditor returns to court.
Levy
A levy is a process in which the local Sheriff or Marshal seizes the judgment debtor’s personal property. This may include jewelry, automobiles, equipment, furniture, etc., to satisfy a money judgment. Liquidation occurs by selling the debtor’s property at a public auction. Proceeds from the sale of the debtor’s property are paid to the creditor.
Judgment Lien
A Judgment lien is a tool used in attaching an unpaid judgment onto real property owned by the debtor and recording it in the land records of any county in New York in which the debtor owns the property. Recording a judgment lien is a passive debt collection technique. When a judgment lien is recorded, it attaches to any real estate located in the debtor’s name. It will prevent a debtor from selling the property without first satisfying the unpaid judgment, including all attorneys’ fees, interest and court costs. Although a judgment lien may take longer to recover, the court awarded interest continues to accrue until it is sold.
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