Suffolk County Constable’s Office has worked with clients both big and small helping to collect on their judgments. Each situation and client is unique so we like to first sit down with you and figure out what the best plan of attack will be. Once determined we take a surgical approach helping you get the most out of every action taken. Our team of fully licensed, bonded and insured Constables use every tool and technique at their disposal. Below you will find the steps and remedies to follow once you obtain a judgment. To request service just click on the Request Judgment Recovery Service or the Service Request Portal located on the left hand side bar.
Once you have obtained a Judgment in your favor the next step is enforcing said Judgment, provided the debtor/defendant has not satisfied willingly. Enforcement is only allowed after the time for appeal has ended; until appeal is decided; there is no appeal; or you win again on appeal.
The process follows along four or five general steps.
Ask for Payment
Request the payment from the Debtor/Defendant for all monies won on Judgment.
Payment Review Hearing
The Magistrate usually schedules a payment review hearing and should the Debtor/Defendant not pay the money before the hearing, the Magistrate will determine the Debtors/Defendants ability to pay. At this hearing you may examine the Debtors/Defendants Financial Statement form and present information to the Magistrate that is relevant to the Debtors/Defendants ability to pay the Judgment. If the Magistrate determines that the Debtors/Defendants can not currently pay the amount, now he/she will schedule the matter for review sometime in the future.
Notice to Show Cause
If the Magistrate has not scheduled a Payment Review Hearing and the Debtor/Defendant has not paid the outstanding amount you may ask the Magistrate to issue a Notice to Show Cause, requiring the Debtor/Defendant to appear before the court. Both parties must be present. The Debtor/Defendant must be served this paperwork by a Constable or Sheriff and does require a fee. This fee amount will be added to what the Judgment Debtor owes.
Capias
If the Judgment Debtor does not appear at the Payment Review Hearing or the Notice to Show Cause, you may ask the Magistrate to issue a Capias, which is a Civil Arrest Warrant. The Capias may then be given to a Constable or Sheriff to arrest the Debtor/Defendant and have him/her brought before the court. This Capias action is fee based but is also added to the Judgment Debtors amount owed.
Writ of Execution
If you can identify any property of value that the Judgment Debtor has (real estate, motor vehicles, etc.) that could be taken and sold to pay your judgment you may request the Clerk-Magistrate issue you a Writ of Execution. The Execution must be given to a Constable or Sheriff to seize and sell the property of the Judgment Debtor to satisfy your Judgment. The fee’s associated from this action are derived from the proceeds of the sale as allowed by law.
All of the above should accompany the Judgment and be on a sheet titled “Information About Small Claims Judgments”
Suffolk County Constable’s Office Judgment recovery team has collected over 3 million dollars for our clients over the past 4 years. SCCO can complete every legal recourse you may decide to pursue. Our Officers are trained in all aspects of the process and can provide more insight should you like to speak with us in more detail.
Each course of action has its pros and cons and should be contemplated thoroughly before proceeding. There is no guarantee that either process will fully satisfy your Judgment immediately. Multiple or repeated courses of action may need to be enlisted, especially with the recent increase in both Small Claims maximum and the new exemptions that became active as of April 7, 2011. SCCO will use every legal means within our power to satisfy the Judgment amount.
Capias: Pros/Cons (please see our Capias section for specific details)
Pros:
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Ultimate cost of a Capias is usually less than that of an Execution.
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Some Debtors/Defendants respond once a Capias has been issued.
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By Completing a Surrender you may be able to minimize the initial expense.
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The fee for a Capias is added to the Judgment Debtors amount owed.
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After repeated Capias actions completed on the Debtor/Defendant a Judge may hold on purge. This means the Debtor/Defendant could be held a certain number of days unless a certain amount is submitted to court.
Cons:
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A Capias usually requires an upfront out of pocket expense from the Creditor/Plaintiff.
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Some Debtors/Defendants do NOT immediately respond to a Capias notice.
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If a Physical arrest is required the amount usually needs to be paid in full before a Constable or Sheriff will complete any actions. If the case requires a physical arrest the fee can range from $300.00 to $500.00 and a physical arrest may be required repeatedly if the Debtor/Defendant defaults. This means more visits to the court house.
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If you can not enter an agreement for Satisfaction with the Judgment Debtor/Defendant you could spend a good portion of the day in court.
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A majority of the time full satisfaction is not completed and a payment arrangement is established. There is also the possibility of a review date being established, temporarily excusing the Debtor/Defendant from any monetary obligations.
Execution: Pros/Cons (please see our Levy section for specific details)
** An Execution process should be carefully considered. It should be viewed as a last resort action in most cases unless the Debtor/Defendant has numerous assets and chooses to not comply in any fashion. The levy of items such as automobiles is frowned upon by some attorney’s and Judges, even though somewhat promoted in the “Information About Small Claims Judgment” provided by the court.
A Demand on Judgment should be completed prior to any levy being completed, allowing the Debtor/Defendant opportunity to settle without losing his/her assets.
Pros:
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Most cases do not require an upfront fee and proceeds are collected from the sale of property as allowed by law.
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The sale of an asset usually provides more monetary disbursement that could satisfy the Judgment in a single action. A Capias usually requires an upfront, out of pocket expense from the Creditor/Plaintiff.
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The loss of property on levy usually promotes the immediate resolve capability of many Debtors/Defendants.
Cons:
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Any property levied may have other actions placed upon it that have primary importance of satisfaction. Items such as liens, tax liability, state fee, etc need to be satisfied before any monies are allotted to the Judgment.
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Fees of the Constable or Sheriff are paid before any proceeds are disbursed to Creditor/Plaintiff.
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You need a Constable or Sheriff that is knowledgeable of the entire procedure for completing levies. Real Estate requires timely procedures in order to be recorded properly. Real Property (vehicles, boats, etc) needs to be properly evaluated to qualify for new April 7, 2011 exemptions. There are many variables that need to be completed post physical levy that can cause case integrity.
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