How do I collect a small claims judgement from someone who moved out of state?

[darmida29]

I recently won a judgment for a small claims case filed in Rockland County, NY. I was awarded the county's maximum limit of $3,000 plus any additional fees I may incur throughout the collection process. Shortly after I was awarded the judgment, the defendant moved to Florida. I filed a transcript of judgment in Rockland County, NY and obtained an exemplified judgment from the court in NY. My question has two parts. First, what are the next steps I need to follow in order to collect my judgment from the defendant in Florida? Also, should I hire an attorney to begin collections? If so, can I hire an attorney in New York to settle my affairs or do I need to get a lawyer in Florida?

 

[Michael Wechsler]

Welcome to the joy of executing on judgments - the real problem with the law not providing remedies against scofflaws. It's much easier to have a Florida attorney pursue collections since he'll likely be seizing assets belonging to the judgment debtor in Florida. You can always file information subpoenas with restraining orders against the judgment creditor in NY banks and see what comes up. While a lawyer is usually the most helpful, you can even do this yourself with the help of the clerk of court.