What happens if a judgement is renderd against you but you have no money to pay it?
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What happens if a judgement is renderd against you but you have no money to pay it?
Basically in a nutshell, I got into an accident using a friends car. Come to find out after that it was uninsured at the time of the accident. They are currently incarcerated so now I’m stuck paying for it. I’m currently unemployed, so when I go to small claims court what’s going to happen since I have no money to give her?
Asked on September 6, 2012 under Bankruptcy Law, New York
Answers:
Mark Siegel / Law Office of Mark A. Siegel
Answered 11 years ago | Contributor
If the other party (the claimant) is awarded a money judgment against you, even though you are currently unemployed, the judgment may be enforceable against your property or other assets, if any, if they are legally owned in your name. If you presently have no assets, but become employed or obtain assets in your own name while the judgment is still valid & enforceable, the successful claimant (known as the judgment creditor) may be able to satisfy the judgment at that time, by having the sheriff or marshal garnish your wages through an income execution, or by having the sheriff or marshal seize your property under a property execution. NYS has a specific laws which govern the enforcement of money judgments. I hope you find this information useful.
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