Judgment enforcement (legal efforts to satisfy judgments on behalf of creditors who have already won their lawsuits) is a major component of Ariel Berschadsky’s law practice. Applying tenacity, experience, and a thorough knowledge of this area of law, the firm has achieved numerous successes on behalf of its clients. This firm represents individuals and companies, as well as other law firms that have won judgments but need help to hunt down and seize debtor assets on behalf of their own clients.
Typical methods include serving restraining notices to banks, mutual funds, brokerages, and the debtor's customers in order to freeze assets, serving information subpoenas to third parties in order to locate assets, filing turnover proceedings, and garnishing wages. If necessary, an additional lawsuit for
fraudulent conveyance or piercing the corporate veil is filed. Once assets are identified and restrained, a Marshal or Sheriff is hired to levy on them.
Mr. Berschadsky regularly teaches Continuing Legal Education courses on this subject at the New York City Bar Association and on Lawline.
Representative examples of this firm's judgment enforcement matters include:
On behalf of New York attorney with 15-year-old judgment for fraudulent conveyance stemming from unpaid legal fees, took all steps to initiate Sheriff's Real Property Sale, leading corporate debtor to finally satisfy $151,580 judgment in full, just prior to auction. (Doron Zanani v. Miriam Schvimmer, Israel Schvimmer, and 238 Rodney, LLC, NYS Supreme Court, Kings Cty, Index #4491/08)
Enforced physician's $563,000 in judgments against former partners, successfully obtaining payment in full, including all accrued interest and Marshal's fees, through wage garnishment and seizures of bank and brokerage accounts. Defeated motions claiming statutory exemption of funds from judgment enforcement. (Caputo et al. v. Stack et al., NYS Supreme Court, NY Cty, Index #656772/19)
Represented electronics vendor in breach of contract lawsuit against company and its owner, piercing corporate veil and holding owner personally liable for damages, accrued interest, and attorneys fees totaling $104,104. Initiated special proceeding for sale of owner's homestead, causing him to finally pay what he and his company owed. (The Douglas Stewart Company, Inc. v. 2254 Third Ave Dept Store Inc. et al., NYS Supreme Court, NY Cty, Index #654506/17; The Douglas Stewart Company, Inc. v. Freddy Srour, NYS Supreme Court, Kings Cty, Index #513611/21)
Represented textile importer against various individuals and affiliated New York companies in order to obtain and then enforce a $53,300 judgment. These judgment debtors had over 50 uncollected judgments against them, presenting significant challenges for judgment enforcement. Successfully opposed their Motion to Vacate Default Judgment, and then employed a wide variety of collection techniques including asset searches, information subpoenas, property executions, and restraining orders to achieve settlement.
After obtaining $57,568 judgment on behalf of Canadian photographic equipment wholesaler against New York-based retailer, conducted extensive discovery and asset investigations. Based on information uncovered, filed a new lawsuit against defendant's shareholder alleging fraudulent conveyance, undercapitalization, and failure to adhere to corporate formalities. That case settled shortly thereafter and client received what it was owed. (Carman's Foto Source v. 520 Camera Corp., NYS Supreme Court, NY Cty, Index #107286/03; Carman's Foto Source v. David Edery, NYS Supreme Court, NY Cty, Index #38927/04)
Represented California-based businesswoman with $3.5 million judgment against owner of co-op apartment in New York, which was actively being marketed for sale. Obtained a Temporary Restraining Order to prevent the sale until the co-op shares could be seized, a process that was further complicated by the fact that the property had been liened to a third party in order to artificially encumber it and enable the debtor to evade his creditors. The TRO was granted and that portion of the dispute was then settled.
Regularly help out-of-state law firms domesticate their foreign judgments into New York State, either through direct application to the clerk via CPLR 5402 (in the case of previously litigated matters) or through an expedited Motion for Summary Judgment in Lieu of Complaint via CPLR 3213 (in the case of default judgments).