QUESTION

I won a court case against someone who died shortly after the verdict. How do I collect my money?

Asked on Mar 13th, 2015 on Employment Contracts - New York
More details to this question:
in 2011 I won a court case against an employer who owed me payment. I won, and two weeks later that employer passed away. i represented myself, so I am unsure as to how to collect the funds I am owed, and the employer was the owner of the company, that is now defunct, but available for sale.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Was the employer the individual, or was "the company" a separate legal entity.  If "the company", your employer, was a separate legal entity like a corporation or llc, it survives its owner's death, and you can collect on your judgment by levying on its assets, restraining its bank accounts, and garnishing its income.  If the individual was your employer, i.e. "the company" was just a sole proprietorship, you will probably have to file a claim against his estate in the Surrogate's Court.  If no estate proceeding has been commenced, you may have to start one.  However, you may have waited too long, and all of the decedent's assets may already have been distributed.  I'm not sure of the time constraints.
Answered on Mar 13th, 2015 at 1:19 PM

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