Hi, 9 years ago I was awarded a money judgment against my rental tenant for apartment I owned in NY. He skipped town/the state, never paid anything. Hired a lawyer to try to collect, was unsuccessful. I have now found my ex-tenant's new address in TX. Can I try to pursue this again, can his property/wages etc in TX be used to pay off what he owes? Note I am also not a resident of NY, does that matter? Any advice you can give would be welcome, would love to be able to get what he owes for non-payment of rent. Thanks.
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collecting on money judgment rental
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army judge
Super Moderator
How much is your judgment?
Have you renewed the original judgment, as per state statutes?
In the end, it may not matter.
It is extremely difficult to serve foreign state judgments.
Texas and Florida are the most difficult states in which to attach a person's assets.
Why?
Those states (as do a few others) exempt most personal property from attachment under homestead and pauper's laws.
If your existing judgment is in order, you'd have to travel to Texas (in the county and JP precinct & place) where your target resides.
Then, you'd have to try and domesticate your foreign judgment.
No, your residency status is immaterial.
In the end, most of those judgments are worthless pieces of pretty paper that bring back bad memories!!!
Have you renewed the original judgment, as per state statutes?
In the end, it may not matter.
It is extremely difficult to serve foreign state judgments.
Texas and Florida are the most difficult states in which to attach a person's assets.
Why?
Those states (as do a few others) exempt most personal property from attachment under homestead and pauper's laws.
If your existing judgment is in order, you'd have to travel to Texas (in the county and JP precinct & place) where your target resides.
Then, you'd have to try and domesticate your foreign judgment.
No, your residency status is immaterial.
In the end, most of those judgments are worthless pieces of pretty paper that bring back bad memories!!!
It's enough (close to $30k before interest, about $45k as we calculate it) so worth pursuing we think. (To say nothing about getting what is due from a tenant-from-hell!) Could I hire a lawyer in TX to handle this without my presence? And what is involved in 'domesticating my foreign judgment.' Thanks.
army judge
Super Moderator
I'm sure you can hire a lawyer or a collection agency.
Have you followed NY statutes in regard to keeping the judgment active?
This s what had to done after the judgment and subsequently.
First is for pro se litigant.
Second is for litigants represented by counsel.
http://www.nycourts.gov/courts/nyc/civil/judgments_self.shtml
http://www.nycourts.gov/courts/nyc/civil/judgments_atty.shtml
Did you do as the law requires?
If you haven't, your judgment may not be any good.
You can Google "collect on my judgment".
Lots of debt collectors and lawyers will be discovered.
They'll take a fee (about 1/4 to 1/3) of what they collect.
Read the contract before you sign, if you chose one.
I think we're covered:
1) If I see it correctly, this type of judgment is good for 20 years, it's been less than 9 since our judgment.
2) Here's what happened: after plenty of time/notifications of non-payment of rent, we hired a lawyer, won stipulation from civil court, he still didn't pay.
3) He moved out somewhat clandestinely after that, we had marshall post notice of our legal possession (apt empty by then)
4) We hired a NY collection agency to try to recover the money but he had moved out of state, no possessions, bank account closed, had own business with supposedly no assets. We couldn't find him, disappeared.
Now I see he's working in executive position in TX, am sure it's the same guy. I think we did everything we needed to and we're still within the time limit. Do you agree, are we in good shape to try to collect however possible?
Thanks so much for your advice thus far.
1) If I see it correctly, this type of judgment is good for 20 years, it's been less than 9 since our judgment.
2) Here's what happened: after plenty of time/notifications of non-payment of rent, we hired a lawyer, won stipulation from civil court, he still didn't pay.
3) He moved out somewhat clandestinely after that, we had marshall post notice of our legal possession (apt empty by then)
4) We hired a NY collection agency to try to recover the money but he had moved out of state, no possessions, bank account closed, had own business with supposedly no assets. We couldn't find him, disappeared.
Now I see he's working in executive position in TX, am sure it's the same guy. I think we did everything we needed to and we're still within the time limit. Do you agree, are we in good shape to try to collect however possible?
Thanks so much for your advice thus far.
army judge
Super Moderator
If all of what you say is true, your BIGGEST obstacle looms.
Texas is a very difficult state in which to collect these types of judgments.
You see, we have constitutional protections and exemptions of MOST personal assets.
That aside, yours is NOT a Texas judgment.
This is the hardest part, domesticating your NY judgment.
You'll have to PAY a lawyer to request a Texas court to recognize your NY judgment.
That is domesticating your judgment.
You could do it yourself, but you'd have to come to Texas to attempt it.
Texas judgments don't linger for 20 years, either.
Texas judgments are only good for 10 years, if memory serves me correctly.
The target in Texas has the RIGHT to be sued in the county, place, and precinct where he resides.
He can thwart your efforts, when you attempt to serve him.
He can also fight the age of your judgment and its legitimacy.
When you said it would be worth it, you under estimated the costs involved in this venture.
You could be out of pocket TEN GRAND (or more), and still collect NOT a FARTHING (or a nickel).
All I can say, is you can try.
To make this effort worth one's while, a judgment should exceed a HUNDRED GRAND.
Some lawyers say FIFTY GRAND.
Good luck!
army judge
Super Moderator
Very often creditors are stuck with a judgment in one state and a debtor in another. When this happens, there are certain steps that must be taken in order to get to, and hopefully take control of the assets of the debtor.
In order to enforce a judgment obtained in the United States but outside of Texas, known as a "foreign judgment," it is necessary to first domesticate the foreign judgment.
Under the Uniform Enforcement of Foreign Judgment Act, judgments rendered in sister states, as well as judgments rendered by federal courts, may be domesticated and enforced in Texas.
To domesticate a foreign judgment in Texas, a judgment creditor files an authenticated copy of the judgment with the Texas district court in the county where the debtor resides, along with an affidavit of the creditor's and the debtor's last known addresses.
Once the judgment has been properly filed with the CORRECT Texas court, the judgment creditor is free to pursue post-judgment collection activities including abstracting the judgment in the real property records and sending post-judgment written discovery.
Thirty days after filing the foreign judgment a writ of execution may be obtained.
Then the real work begins.
Most of what a person OWNS in Texas is exempt from levy, attachment, or process to satisfy these civil judgments.
This exemption is pursuant to Texas' constitution.
There is no way around the protected assets.
They are untouchable.
You can hire a Texas attorney to address this process for you, since you have already obtained a judgment outside of Texas.
Be advised, this process scan be very frustrating; especially if your target is slippery, slimy, savvy, and sleazy!
In order to enforce a judgment obtained in the United States but outside of Texas, known as a "foreign judgment," it is necessary to first domesticate the foreign judgment.
Under the Uniform Enforcement of Foreign Judgment Act, judgments rendered in sister states, as well as judgments rendered by federal courts, may be domesticated and enforced in Texas.
To domesticate a foreign judgment in Texas, a judgment creditor files an authenticated copy of the judgment with the Texas district court in the county where the debtor resides, along with an affidavit of the creditor's and the debtor's last known addresses.
Once the judgment has been properly filed with the CORRECT Texas court, the judgment creditor is free to pursue post-judgment collection activities including abstracting the judgment in the real property records and sending post-judgment written discovery.
Thirty days after filing the foreign judgment a writ of execution may be obtained.
Then the real work begins.
Most of what a person OWNS in Texas is exempt from levy, attachment, or process to satisfy these civil judgments.
This exemption is pursuant to Texas' constitution.
There is no way around the protected assets.
They are untouchable.
You can hire a Texas attorney to address this process for you, since you have already obtained a judgment outside of Texas.
Be advised, this process scan be very frustrating; especially if your target is slippery, slimy, savvy, and sleazy!
army judge
Super Moderator
One more note, OP.
Even if your debtor now owns a $15,000,000 estate, that is OFF LIMITS to attachment.
You can place alien against the home, however.
That lien will sit there until the home is sold.
Then you could be paid out of the sales proceeds.
The lien WILL NOT force the sale and dispossession of the debtor.
Furthermore, you can NOT attach or levy against the person's wages.
Even if, your debtor makes $10,000,000 each day!
His wages are also protected constitutionally in Texas!
His car is off limits.
His livestock are off limits.
There are other exemptions and protections.
Good luck!
Even if your debtor now owns a $15,000,000 estate, that is OFF LIMITS to attachment.
You can place alien against the home, however.
That lien will sit there until the home is sold.
Then you could be paid out of the sales proceeds.
The lien WILL NOT force the sale and dispossession of the debtor.
Furthermore, you can NOT attach or levy against the person's wages.
Even if, your debtor makes $10,000,000 each day!
His wages are also protected constitutionally in Texas!
His car is off limits.
His livestock are off limits.
There are other exemptions and protections.
Good luck!
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