Legal Question in Civil Rights Law in New York

Hi,

I was a partner in a N.Y business and wronged by my partner, he escaped his legal respnsibilities to Bermuda. In 2006 the N.Y Supreme Court awarded me wit a sum representing actual monies invested and lost potential income and damages.

I don't know which route to take any further. Do I need to engage a Bermuda lawyer to collect his unpaid obligations?

Thank you kindly


Asked on 7/22/09, 3:14 pm

1 Answer from Attorneys

Steven Meyer CPLS, P.A.

If the person against whom you have the judgment has assets anywhere in the US, then you can collect against those assets. This could be anything such as bank accounts, brokerage accounts, stocks and bonds, automobiles and boats, artwork, collectibles, jewelry, furniture and clothing.

If he has assets anywhere in NY State, then you can obtain an order from the court that issued the judgment freezing those assets. If he has assets in any other state, then you have to follow the procedure under that state's law to collect in that state. It probably involves "domesticating" the judgment in that state by paying a fee to the court in the county where the assets are located and filing necessary paperwork there. Under the US Constitution, all states give "full faith and credit" to judgments issued by the courts of other states, so the judgment is enforceable anywhere in the US if you follow the local procedures.

If the guy only has assets in Bermuda, you may not be able to collect anything there. Most countries in the world have signed treaties that make a judgment issued in one country enforceable in another country. However, to my knowledge the United States government has refused for many years to sign any of these treaties, so a judgment issued by a US court is unenforceable in any other country. You would have to consult with an attorney in Bermuda to be sure.

You also should consult with an attorney to confirm just how long your judgment is good for.

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Answered on 7/27/09, 11:30 pm


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