New York Debtor And Creditor Legal Questions

It sounds like your husband's name and SS# still appear on the account. If you provide the creditor's lawyer with proof of his death then they should lift the restraint on his account. Provide the death certificate to the bank as well to remove him from the account so that this does not happen again.... Read More

Generally speaking, if you cleared up a judgment or debt that is still showing up on your report, you have two potential opportunities. The first is contact the credit reporting agency and insert your own statement about the item, such as, Debtor states that this amount was paid in full on [date] and has the records to prove it. Send the agency on their form or at their site the stuff they request to show the debt was paid. Second, in some cases you can sue either the credit agency or the creditor if the data was incorrect and they continue to post or report it after knowing it is all cleared up. You should write to the lawyer that you paid, and tell him the debt keeps showing up as unpaid, and you demand he fix it or his client fix it. He'll get the message.  That should do it. If you have copies of the paid judgment, I would reach out to the employer and establish your good name. If they continue to post the debt as unpaid, sue them. All the best.        ... Read More

There are different statutes of limitations. For example, there is the statute by which time an action may be commenced and there is a different statute by which the judgment debt can be enforced. Both statutes commence from the date of last payment, unles the judgment is entered subsequent to the last payment.... Read More

In order to commence wage garnishment (lien on salary as you call it), you will need to get a transcript of the small claims judgment and docket it with the clerk. You will then need to serve an income execution on the Sheriff/Marshal of the Jurisdiction where the debtor resides for service on the defendant. If the defendant does not respond you will then need to serve the second stage of the income execution on the Sheriff/Marshal of the jurisdiction where the debtor is employed for service upon the employer who will be obligated to responded to the levy by paying a deduction of 10% of the gross wages earned above minimum wage.... Read More