By: Robert J. Nahoum
Judgment creditors have a wide variety of devices at their disposal to satisfy debt collection judgments. The most common of these are bank freezes and wage garnishments. Another, less common buy far more destructive is the sale of a judgment debtor’s home.
New York law permits a judgment creditor to force the sale of a judgment debtor’s home in satisfaction of a judgment. This judgment enforcement device is seldom used primarily because most judgment debtors who own their homes have outstanding mortgages that come before the judgment creditor making a sale fruitless.
Such was the case in a recent attempt by the infamous junk debt buyer Cavalry Portfolio Services in their attempt to force the sale of a judgment debtor’s home in satisfaction of a debt collection judgment. Cavalry sued the judgment debtor in the Supreme Court of the State of New York, Nassau County for an old debt. After being awarded judgment, Cavalry commenced a special proceeding asking the court for an order compelling and directing the sale of the judgment debtor’s home.
Judge Antonio I. Brandveen denied Cavalry’s attempt finding that the Court has discretion in directing the immediate sale of a person’s home, and that “sale of defendant’s home is a drastic remedy which should be directed only when it is absolutely necessary and appropriate.â€Â In this case, Judge Brandveen concluded, Cavalry “has not satisfied the burden of making a prima facie evidentiary showing warranting the relief soughtâ€.
The sale of a person’s home in satisfaction of a debt collection judgment is a drastic remedy indeed. While Cavalry failed in this case, it and other debt collectors will not necessarily fail in every case.  For this reason, debt collection judgments must be taken seriously and immediately dealt with.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
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