The Unsatisfied judgment; Refuse to pay

[Ross.P]

Jurisdiction

New York

Found this on a website: The usual time limit is ten years at a maximum of 8% interest. N.Y. does not allow most judgments to be renewed. A judgment in New York is valid for twenty years. During that time it can enforced against a judgment debtor's income and assets. A lien of a judgment resulting from the docketing of a judgment with the County Clerk is good for ten years, and can be renewed for another ten years.

My question is...
If I and my girl-friend get a negative Judgement in Landlord/Tenant court and we refuse to pay it. Can we have a garnishment placed on our salaries? The landlord knows where we both work. And, just how long will we have to wait until they can't come and try to get this money anymore?

 

[mightymoose]

Yes, if you have a judgment against you and do not pay a lien may be placed on your property or you could be subject to wage garnishment. It is up to the person holding the judgment to pursue these actions.
According to the information you posted the debt could follow you and be collectible for 20 years.

 

[army judge]

My question is...
If I and my girl-friend get a negative Judgement in Landlord/Tenant court and we refuse to pay it. Can we have a garnishment placed on our salaries? The landlord knows where we both work. And, just how long will we have to wait until they can't come and try to get this money anymore?

You can refuse to pay a judgment, but that won't stop the judgment holder from collecting it.
Yes, your wages can be attached to satisfy the judgment.

How much can the wage attachment take?
.....................................................................
Federal law places limits on income execution amounts. While states are free to impose stricter limits, New York State only slightly expands the federal limits.

Here are the NY state rules:
In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.
"Disposable earnings" are those wages left after your employer has made deductions required by law. Examples of legally required deductions are federal, state and local taxes, social security and the employee portion of state unemployment compensation insurance. Deductions that are not required by law do not count to reduce your disposable income.

One last comment from me.

An eviction can restrict your ability to rent decent housing for decades, as in 20, 30, or more years.
A civil judgment will destroy your FICO, which will also prevent you from renting decent housing.

If you can't pay, I suggest you consider bankruptcy.
Talk to a BK lawyer near you for more details, and to see if you qualify.

If you proceed along the path you're on, you'll regret it deeply with two or three months.
When I say deeply, I mean the pain will far exceed any of your wages that will be confiscated to satisfy the debt.

Another option, try to negotiate a settlement to avoid court.



This NY lawyer explains judgments in your state.
You might find it useful to assist you in better understanding the consequences a judgment can reap for you.
............................................................................
Renewing a Money Judgment Before Its Lien Expires and/or Before It Is No Longer Enforceable

 

[adjusterjack]

If I and my girl-friend get a negative Judgement in Landlord/Tenant court and we refuse to pay it. Can we have a garnishment placed on our salaries? T

Yes.

The landlord knows where we both work.

Good for him.

just how long will we have to wait until they can't come and try to get this money anymore?

Until the judgment expires.

However, you should be more concerned with how SOON they can start getting money out of your paychecks.

They first have to wait from the date the judgment is issued by the court to the date that the period for appeal is over. That period in NY is 30 days.

The following website gives you the rest of the wage garnishment time line:

13 Things To Know About The Process Of Wage Garnishment In NY And Stopping It | Lawfirms.com