What to do when a landlord is a lawyer?
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What to do when a landlord is a lawyer?
I’m trying to help out a friend with an issue she has been having with her landlord who happens to also be a lawyer (albeit not a very good lawyer at all). My friend took him to court and won money that was owed to her by the landlord. He was given 30 days to pay her back. He never gave her the money. My friend told me that it’s been a few years now and she doesn’t know what to do. She can not afford a lawyer and she wants this corrupted landlord/lawyer to give her the money that is owed to her (around$3,000). What can she do?
Asked on August 20, 2012 under Real Estate Law, New York
Answers:
Mark Siegel / Law Office of Mark A. Siegel
Answered 11 years ago | Contributor
If your friend previously won a judgment in court, she should ask the court clerk's office how long the judgment is valid for & then if still legally valid, obtain a certified copy of the judgment previously entered by the court against the landlord. If the judgment was issued against the landlord in his name, then under NY law she can try to locate assets that are owned by the judgment-debtor (landlord), exactly as his name appears in the certified copy of the judgment, in order to satisfy the amount of the judgment. There are asset location firms who will try to locate assets owned by a judgment-debtor based upon information about you provide about the judgment-debtor & they usually charge a fee to do so. You can google search for asset locators in the area.
If assets are successfully located which are sufficient to satisfy all or part of the judgment, a judgment-creditor can contact the sheriff or marshal & provide them with a certified copy of a judgment & any other documents &/or information they require concerning the assets belonging to the judgment-debtor. The sheriff or marshal can explain the legal procedure & what paperwork & fees are required in order to have them try to legally attach or restrain assets belonging to the judgment-debtor in accordance with NY law.
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