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 been able to achieve numerous successes on behalf of its clients. This firm has represented individuals, companies, and other law firms which have won judgments but need help to hunt down debtor assets and seize them on behalf of their own clients.
Typical methods used to find assets include serving restraining notices to banks, mutual fund companies, and even the debtor's own customers in order to freeze them, serving information subpoenas to third parties in order
to locate and obtain information about debtor assets, filing turnover proceedings to transfer property from debtors to creditors, and garnishing wages. In some cases, an additional lawsuit alleging fraudulent conveyance or successor liability is filed in order to satisfy the judgment. Once assets are identified and restrained, a Marshal or Sheriff is hired to levy them.
Mr. Berschadsky regularly teaches Continuing Legal Education courses on this subject at the New York City Bar Association and on Lawline.
Examples of judgment enforcement matters on behalf of recent clients include:
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, in one form or another, 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 winning a $57,568 judgment on behalf of Canadian photographic equipment wholesaler Carman’s Foto Source against 520 Camera Corp., 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 he was owed.
Filed suit on behalf of realty company for breach of $36,000 promissory note by a corporation. After winning on default judgment, engaged in extensive post-judgment discovery to track down assets. Identified fraudulent conveyance and initiated new lawsuit against former shareholder of the corporation. Won on Motion for Partial Summary Judgment and the shareholder agreed to settle the case shortly thereafter.
Represented California-based businesswoman with $3.5 million judgment against owner of co-op apartment in New York. The apartment was actively being marketed for sale, so a Temporary Restraining Order was obtained to prevent the sale until its shares could be transferred to the judgment creditor. This process was further complicated by the fact that the property had been liened to a third party in order to enable the debtor to evade his creditors. The TRO was granted and that portion of the dispute was then settled.