Freeport, NY asked in Small Claims for New York

Q: If I won a judgement in a small claims court and the defendant is 17 who will be responsible to pay? Him or his parent ?

Defendant owes me $800, I am 17 as well. How will I collect this judgement. I forgot to ask the arbitrator.

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1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

A: You can collect it from him… Although he may be able to appeal the judgment for lack of personal jurisdiction.

You can either pay a lawyer 10% of the judgment to do it for you, or you do the following:

Obtain a copy of the written judgment from the clerk of the court where you received it.

Bring this piece of paper to the county clerks office in the county where you reside and file it.

Bring a copy of the filed judgment to a local Marshall's office and obtain either an 1. Income Execution (meaning the Marshall will first try to get the cash from him, but if this does not work will garnish his wages until you are paid back… If he does not have a job or any money you must obtain 2. A property execution, which allows you to sell any of his property you want until you get your $800.)

If you do not want to fly from Virginia to New York simply to file this action, you may hire a New York attorney to do it for you at a fairly low cost.

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