Judgement debtor

[sfrank]

Article 52 of NYS CPL

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My company, abc, Inc. received a judgement debtor from the sheriff stating that in 10 days they will levy and sell at public auction the right, title and interest to any property of the judgement debtor not exempt from Article 52 CPL.
My business is out of my home which is where I got the notice. Is my home at risk? The summons is made out to the company which is an INC. not my name.
Thank you

 

[dee_dub]

Your home is not at risk under this particular judgment. The judgment debtor would need to convince the court that your personal assets should be considered to be assets of the business in order to execute against them.

 

[sfrank]

I am the judgement debtor in the case so that means if I have no assets its ok. Do I call the Sheriff and tell him the company has no assets in its name. Does he come to my home? How does he determine what to seize.
Thank you so much

 

[dee_dub]

My apologies, I misspoke. The judgment CREDITOR - the opposing party - would need to convince the court that your personal assets should be considered to be assets of the business. You don't need to do anything right now unless you want to be helpful. Let them try to figure out what the company has.

 

[seniorjudge]

http://tinyurl.com/aluahs

 

[sfrank]

Thank you so much..But why does it say I have 10 days to pay or else they well sell.
Thank you again!!

 

[sfrank]

Thank you for all your advise. I wanted to go to the court today and see if I could vacate the default judgement on a meritorious defense. Since I am a coporation though it states that I need counsel which is how this all started. With no money, account, etc left from the company since we are out of buisness how do I proceed? I wanted to do it pro se since the business can't afford an attorney.
Any advice?
Thanks.

 

[dee_dub]

Since I am a coporation though it states that I need counsel which is how this all started.

What is this "it" that states that? What rule requires the corporation to have counsel?