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Judgments and Enforcement:
A money
judgment obtained in the State of New York is
generally enforceable for a period of twenty (20)
years. (Chptr. 8, Art. 2, Sec. 211, New York
State Consolidated Laws.) It may be
enforced against any property which could be
assigned or transferred, whether it consists of a
present or future right or interest
and whether or not it is vested, unless it
is exempt from application to the satisfaction of
the judgment. A money judgment entered upon
a joint liability of two or more
persons may be enforced against individual
property of those persons summoned and
joint property of such persons
with any other persons against whom the judgment
is entered. (Chptr. 8, Art 52, Sec. 5201, New York
State Consolidated Laws.) In general,
ninety per cent (90%) of the
earnings of the judgment debtor for his personal
services rendered within sixty days before,
and at any time after, an
income execution is delivered to the
sheriff, is exempt from execution of a money
judgment. (Chptr. 8 Art. 52, Sec. 5205(d),
New York State Consolidated Laws.)
A money
judgment generally may become a lien against the
real property of a judgment debtor either from the
time of the docketing of the judgment with the
clerk of the county in which the
property is located until ten years after
filing of the judgment-roll, or from the time of
the filing with such clerk of a notice of
levy pursuant to an execution until the
execution is returned. (Chptr. 8 Art. 52,
Sec. 5203, New York State Consolidated Laws.)
The State of New York permits Confession of Judgment. A debtor may execute an affidavit stating the sum for which judgment may be entered, authorizing the entry, and stating the county where he resides, or if he is a non-resident, the county in which the judgment may be entered. The judgment may be docketed and enforced in the same manner and with the same effect as a judgment in an action in the supreme court. No judgment by confession may be entered after the defendant's death. (Chptr. 8, Art. 32, Sec. 3218, New York State Consolidated Laws.)
Foreign Judgments:
Any judgment,
decree, or order of a court of the United States
or of any other court is entitled to full faith
and credit in the State of New York. A
judgment creditor may seek enforcement of a
foreign judgment by filing an authenticated copy
of the foreign state judgment, issued within 90
days of the date of authentication in the
office of any
county clerk of the state,
together with an affidavit stating
that the judgment was not
obtained by default in appearance or by
confession of judgment, that it is
unsatisfied in whole or in
part, the amount remaining unpaid, and
that its enforcement has not been stayed,
and setting forth the
name and last known address of the
judgment debtor. Within thirty days after
filing of the judgment and the affidavit,
the judgment creditor shall
mail notice of filing
of the foreign judgment to the
judgment debtor at his last known address.
The proceeds of an
execution shall not be
distributed to the judgment creditor
earlier than thirty days after filing of proof of
service. (Chptr. 8, Art. 54, Sec. 5401, et
seq., New York State Consolidated Laws.)
A judgment so
filed has the same effect and is subject to the
same procedures, defenses and
proceedings for reopening,
vacating, or staying as a
judgment of the supreme court of the State of New
York and may be enforced or
satisfied in like manner. (Chptr. 8
Art. 54, Sec. 5402(b), New York State Consolidated
Laws.)
Interest: - Legal rate: Six
per cent (6%) per annum (Chptr. 24-A, Art. 5,
Sec. 5-501, New York State Consolidated Laws.)
- Judgment Rate: Nine per centum (9%) per annum, except where
otherwise
- provided by statute. (Chptr.
8, Art. 50, Sec. 5004, New York State
Consolidated Laws.)
Exemption:
In general, a
debtor may claim exemption of his homestead and
certain personal property from attachment and
execution of a judgment, or in a bankruptcy
proceeding.
Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof: 1. a lot of land with a dwelling thereon, 2. shares of stock in a cooperative apartment corporation, 3. units of a condominium apartment, or
4. a mobile home.
Some of the
personal property exemption which may be claimed
by a debtor may include all stoves kept for use in
the judgment debtor's dwelling house and necessary
fuel therefor for sixty days; one
sewing machine with its
appurtenances; the family bible,
family pictures, and school books used by the
judgment debtor or in the family; and other books,
not exceeding fifty dollars
in value, kept and
used as part of the family or judgment
debtor's library; a seat or pew occupied by the
judgment debtor or the family
in a place of public worship; domestic
animals with the necessary food
for those animals for sixty days, provided that
the total value of such animals and food
does not exceed four hundred
fifty dollars; all necessary
food actually provided for the use of the judgment
debtor or his family
for sixty days; all wearing
apparel, household furniture, one mechanical, gas
or electric refrigerator, one radio receiver, one
television set, crockery, tableware and cooking
utensils necessary for the judgment debtor and the
family; a wedding ring; a watch not
exceeding thirty-five dollars in value; and
necessary working tools and
implements, including those
of a mechanic, farm machinery, team,
professional instruments, furniture and library,
not exceeding six hundred dollars in value,
together with the necessary food
for the team for sixty days, provided, however,
that the articles specified in this paragraph are
necessary to the carrying on of the judgment
debtor's profession or calling. In addition,
a judgment debtor may also be entitled to
exemption, to the extent allowed under the
statute, certain portions of income, trust,
security deposits, insurance policy, New
York state college choice
tuition savings program trust funds, award in a
matrimonial action, and retirement plan
funds. (Chptr. 8, Art. 52, Sec. 5205, New
York Consolidated Laws.)
In accordance with the provisions of 11 U.S.C. Sec. 522(b), debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)
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