Zachary G. Newman Anthony Ellis JUDGMENT ENFORCEMENT: HOW TO REALLY WIN YOUR CASE

Transcription

1 Zachary G. Newman Anthony Ellis JUDGMENT ENFORCEMENT: HOW TO REALLY WIN YOUR CASE

2 Part I: Preliminary Asset Searches and Pre- Judgment Litigation Strategy: Using Asset Investigation To Guide Litigation Strategy And Preserve Recovery Options Part II: Protecting Your Potential Recovery: Pre- Judgment Remedies and Ex Parte Relief Part III: From Decision To Collection, And Everything In Between. The Basics Of Getting From The Winning Order To Satisfaction Of Judgment 2

3 PART I. PRELIMINARY ASSET SEARCHES AND PRE-JUDGMENT LITIGATION STRATEGY: USING ASSET INVESTIGATION TO GUIDE LITIGATION STRATEGY AND PRESERVE RECOVERY OPTIONS 3

4 THE BENEFITS OF PRE-LITIGATION ASSET SEARCHES Determine ability to collect prior to incurring expense Analyze potential fraudulent asset claims before SOL expires Determine best forum Where Are Assets? Assist in pre-litigation settlement Outline potential discovery costs and sources 4

5 Who should perform investigation? SHOULD YOU HIRE A PRIVATE INVESTIGATOR? Factors to consider Size of litigation & amount in controversy Smaller matters could stay in-house, using publicly available resources Larger matters may require a private investigator Tips for using an investigator Meet to determine budget, expected work product and rules for conduct Local vs. international work Assure that conduct will not place client in jeopardy 5

6 IDENTIFYING ASSETS Hard assets Soft assets Existing and contingent assets 6

7 Real estate HARD ASSETS Vehicles, Yachts, Boats, Antique Cars, Planes Fine art, antiques and collectibles Stock and bonds Cash Ownership interests in entities Patents, trademarks and other intellectual property rights 7

8 Inventory HARD ASSETS (CONT.): Security interests Favorable leases and/or other assignable agreements Equipment and other specialized trade tools 8

9 SOFT ASSETS Income/Salary Asset Sales Other Cash Flows Dividends Interest payments on notes Rental Incomes 9

10 Public Debts? UCC Filings? SEC Disclosures? Private Notes? Liens? Judgments? DETERMINING LIABILITIES 10

11 DETERMINING LIABILITIES (CONT.) Determining debtor s liabilities is critical Judgment or initiation of litigation may either cause debtor to file bankruptcy or cause other creditors to commence bankruptcy proceedings Involuntary bankruptcy proceedings can be pursued under 11 U.S.C. 303 Need to determine priority 11

12 GATHERING ASSET INFORMATION Information may be difficult to locate Trail of corporations may be used to own and control assets Limited public options for piercing corporate veil In some cases, it simply may not be possible to obtain certain information 12

13 GATHERING ASSET INFORMATION: PUBLIC SOURCES Dun & Bradstreet Reports Credit Reports (if permitted under relevant law) Publicly available internet (i.e., Google) In-person visits to governmental record-keeping offices UCC Filings Lexis & Westlaw Public Database searches SEC Filings Parties may have exchanged financial disclosures 13

14 GATHERING ASSET INFORMATION: PRIVATE SOURCES Documents possessed by client Financial disclosures provided to client Third party sources? Private Investigator may have access to additional documents 14

15 USING PRE-LITIGATION ASSET SEARCHES TO DETERMINE POTENTIAL FRAUDULENT CONVEYANCE CLAIMS Party may have transferred significant assets to other entities and other creditors Some assets may have been pledged as collateral and transfers may be expressly precluded by agreements Some may be suspicious transfers in order to remove assets from collectability Transfer may allow claim under applicable state law Uniform Fraudulent Transfer Act ( UFTA ) 15

16 DETERMINING THE PROPER FORUM For many assets, action must be brought in forum where asset is located In other cases, bringing a claim in a specific forum can help avoid added expenses and time necessary to enforce a foreign judgment 16

17 USING PRE-LITIGATION ASSET SEARCHES TO AID SETTLEMENT DISCUSSIONS Allows understanding about adversary s ability and willingness to pay Allows understanding of adversary s weak points Potential damage to lending relationships could prompt arrangement to avoid a significant judgment Possible subjection of family and/or friends to lawsuits could prompt settlement 17

18 PART II PROTECTING YOUR POTENTIAL RECOVERY: PRE-JUDGMENT PROVISIONAL REMEDIES & EX PARTE RELIEF 18

19 REPLEVIN/ ORDER OF DELIVERY Replevin (a/k/a an Order of Delivery) allows you to obtain specific property pledged to secure a debt, such as equipment collateral or other mortgaged property Generally governed by contract law and Article 9 of the Uniform Commercial Code (adopted by virtually all states) Fed. R. Civ. P. 64(a) provides replevin in federal court is governed by forum state s legal regime Replevin is usually accomplished through a complaint in the jurisdiction where the property is located and a concurrent motion requesting immediate possession Courts regularly grant replevin motions to secured parties seeking to enforce their contractual and statutory right to possession See, e.g., Nat l Bank of Detroit v. Michael Kaufman Cos., No , 1996 U.S. App. LEXIS 25283, at *8 (6th Cir. Aug. 30, 1996) ( [T]he whole point of a security interest is to limit the debtor s rights to dispose of assets after default on credit obligations ) 19

20 REPLEVIN (CONT.) There is generally a bond requirement in most states statutory schemes An order of replevin may be sought either on notice or through an ex parte order In general, a temporary restraining order prohibiting transfer or assignment should also accompany the request To the extent it has possession of collateral, the secured party must exercise commercial reasonableness in its safekeeping and upkeep 20

21 ATTACHMENT Again, federal rules refer to applicable state law Fed. R. Civ. P. 64(a) Generally only able to obtain relief post-complaint Only applies to assets within jurisdiction Courts consider a variety of factors to determine whether to grant a motion for attachment, including: Probability of success on the merits Whether the amount demanded exceeds potential counterclaims Whether there is evidence of intent to defraud Often only available for money damages Generally specific statutory requirements 21 21

22 ATTACHMENT (CONT.) The method for obtaining an attachment is generally through a motion for attachment or order to show cause May be able to obtain limited disclosure Most statutes also permit a TRO if there is a threat of the defendant moving or moving assets Often required to post bond See, e.g., California Code of Civil Procedure , which provides in pertinent part that the amount to be secured by an attachment is the sum of [t]he amount of the defendant s indebtedness claimed by the plaintiff and [a]ny additional amount included by the court under Section less [t]he value of any security interest in the property of the defendant held by the plaintiff to secure the defendant s indebtedness claimed by the plaintiff, together with the amount by which the value of the security interest that has decreased due to the act of the plaintiff or a prior holder of the security interest

23 ATTACHMENT (NY) In New York, attachment is governed by CPLR Art. 62 An order of attachment can be granted on four grounds: Debtor is a nondomiciliary or a foreign corporation Debtor is a resident or domiciliary, but cannot be personally served despite diligent efforts Debtor has secreted or disposed of property with intent to defraud or frustrate enforcement of judgment (or is about to do so) Cause of action is based on a judgment, decree or order of a federal court or any other court entitled to full faith and credit in New York 23 23

24 PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER Injunction is the most commonly sought and known remedy available Injunction is most appropriate where the adverse party threatens to or is suspected of breaching an existing agreement or otherwise acting to impair his financial status, or engaging in fraud Tempur-Pedic Int l, Inc. v. Waste To Charity, Inc., No , 2007 WL , at *9 (W.D. Ark. Feb. 17, 2007) (noting that injunctions have been issued throughout the country to protect plaintiffs in matters where fraud is involved) Marsellis-Warner Corp. v. Rabens, 51 F. Supp. 2d 508 (D.N.J. 1999) (granting preliminary injunction based on state law claims of fraud) Courts have broad discretion in granting an injunction 24 24

25 PRELIMINARY INJUNCTION (CONT.) Often need proffer in form of affidavit from party seeking injunction. Courts generally evaluate a wide range of factors: Whether the movant has shown it is likely to succeed on the merits Whether the movant has shown an irreparable injury Whether a balance of equities favors granting the injunction The adequacy of other remedies The practical significance and enforceability of the injunction Some courts view irreparable harm as greatest injury, and often most difficult to establish. See, e.g., Interbake Foods, LLC v. Tomasiello, 461 F. Supp. 2d 943 (N.D. Iowa 2006) (harm is irreparable only if there is no adequate remedy at law) 25 25

26 PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER (CONT.) Federal Injunctions governed by Fed. R. Civ. P. 65 Only on notice Must provide security Fed. R. Civ. P. 65(c) Specific requirements for form of order Fed. R. Civ. P. 65(d) Limited Scope only binds parties, representatives and people acting in concert with parties Fed. R. Civ. P. 65(d)(2) Similar requirements under New York law Preliminary injunctions are governed by CPLR Article 63 Only requires party to show prima facie right to relief not actual proof, which is left to further court proceedings. See, e.g., Terrell v. Terrell, 279 A.D.2d 301, 303, 719 N.Y.S.2d 41, 43 (N.Y. App. Div. 1st Dep t 2001) (citation omitted). Not available ex parte Parties must submit affidavits or other evidence and post a bond 26 26

27 TRO? A Temporary Restraining Order ( TRO ) should be used if immediate relief is needed Common questions governing application include: Whether moving party can obtain a TRO ex parte or will need to provide notice The effective period of the TRO Federal Court: 10 Days. See Fed. R. Civ. P. 65(c) The burden on the moving party The type of hearing that will be required 27 27

28 TROS (CONT.) A TRO may be obtained where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained A party may move to vacate or modify the order after imposition Counsel should be aware of specific injunctions in certain jurisdictions that may either help or harm the cause 28 28

29 TROS (CONT.) Specific Requirements in Federal Court Rule 65(b) governs TROs May proceed ex parte but only if attorney certifies in writing any efforts made to give notice and the reasons why it is not required Specific requirements for form of order Only lasts 14 days Party may move to dissolve on 2 days 29 29

30 RECEIVERSHIP, TEMPORARY RECEIVERSHIP Receivership is a provisional remedy whereby a third party is appointed to identify, marshal, preserve and often liquidate property at issue Receivership is generally available in all state courts and in federal court Receivership is often left to the broad discretion of the trial judge Typically, courts view receivership as an extreme remedy 30 30

31 RECEIVERSHIP (CONT.) Receivership is appropriate primarily in situations where there are allegations or evidence of fraud Receivership is also useful where property or operations are spread through multiple jurisdictions Parties should weigh the pros and cons: Appointing a receiver may alter the litigation in favor of the creditor and encourage the debtor to discuss settlement Receivership is fluid and can be crafted to meet needs of all parties However, receivership can be costly and burdensome 31 31

32 NOTICE OF PENDENCY Notice of pendency is a constructive notice filed in real estate records informing potential purchasers and creditors of the lawsuit or claim Filing does not require court authorization but typically requires pending action that affects or impacts real property Risks are involved that the filing party can be liable for damages resulting from the filing and fees 32 32

33 PART III. FROM DECISION TO COLLECTION, AND EVERYTHING IN BETWEEN. THE BASICS OF GETTING FROM THE WINNING ORDER TO SATISFACTION OF JUDGMENT 33

34 Federal STEP 1: GETTING THE JUDGMENT Rule 54 broadly defines judgment as a decree and any order from which an appeal lies Rule 58 requires that a separate document that sets out the judgment subject to certain exceptions Judgment entered automatically for a general jury, requires court approval for other rulings Fed. R. Civ. P. 58(c) Every party has right to request judgment entered in separate document, which can speed time that it is entered Fed. R. Civ. P. 58(d) 34

35 GETTING THE JUDGMENT (NY) New York: CPLR Judgment is entered when the clerk signs the judgment and it is recorded in a judgment book maintained by the court clerk. Need a judgment roll, which includes: (1) a certificate requesting entry of judgment identifying the case and listing all of the key documents in the case on which the court relied on in entering judgment; (2) a copy of the court s order granting judgment; (3) a proposed judgment and bill of costs; (4) backup documentation supporting your costs and expenses; (5) a document calculating the interest you are seeking; (6) legal blueback for the judgment 35

36 STEP 2: PRESERVING AND LOCATING ASSETS Your pre-litigation assert search gives you a head start Preliminary relief measures taken during litigation also helps in satisfying the judgment Federal Discovery Very Broad Discovery permitted to full extent of rules Fed. R. Civ. P. 69(a)(2) New York Special rules apply Subpoenas: CPLR Restraining Notices: CPLR

37 NY SUBPOENAS (CPLR 5223, 5224) A judgment creditor may serve a subpoena upon any person that the judgment creditor reasonably believes has property of the judgment creditor or information concerning the judgment debtor s assets For information subpoenas, the judgment creditor must certify that there is a good faith basis for serving the information subpoena on that particular entity CPLR 5201(c) Provides a list of the proper garnishee (i.e. party to serve as they hold the assets) for various types of property 37

38 NY - TYPES OF SUBPOENAS Subpoena ad testifacandum to appear at a specific time and place for a deposition Subpoena duces tecum requiring the production of books and papers Information Subpoena a simple questionnaire that must be responded to within seven days of receipt. Can be sent certified or registered mail, return receipt requested 38

39 FAILURE TO RESPOND TO A SUBPOENA Federal Courts Rule 70 provides specific right to relief Requires Clerk to provide writ of attachment and garnishment Judge can simply convey real property in judgment Contempt New York If a garnishee or judgment debtor does not respond to a subpoena, the judgment creditor can obtain court aid by seeking an order to show cause why the judgment debtor or garnishee should not be held in contempt of court Once the court signs the order, the court may order a sheriff to serve an arrest warrant upon the subpoena witness CVL Real Estate Holding Co LLC v. Weinstein, 35 Misc. 3d 1215A (Sup. Ct. N.Y. Co. 2012) motion for a contempt order was granted when the judgment debtor failed to respond to a subpoena duces tecum, subpoena ad testificandum, restraining notice and an information subpoena 39

40 CONTEMPT OF COURT IN NY (CPLR 5251) Arrest of judgment debtor (CPLR 5350) this is rarely requested and even more rarely utilized. There have been proposals to remove it from the CPLR. A judgment creditor may seek court aid when the judgment debtor refuses to answer a subpoena or comply with a restraining notice by seeking a contempt order Matter of Bobby D. Assoc. v. Park, 97 A.D.3d 815, 816, 949 N.Y.S.2d 134 (2d Dep't 2012)(holding that the motion for a warrant of arrest of respondent who failed to respond to a restraining notice and a subpoena duces tecum should have been granted). 40

41 NY RESTRAINING NOTICES (CPLR 5222) A prompt, simple, and effective tool for judgment creditors as it freezes the judgment debtor s assets May be served like a summons or via first class mail, return receipt requested CPLR 5222-a - Recent statutory changes provide more protections for individuals whose bank accounts receive direct deposits of exempt funds, which include social security, retirement, survivors and disability benefits, public assistance, child support payments, unemployment insurance, etc. 41

42 RESTRAINING NOTICES (CONT D) A restraining notice is only effective upon a garnishee (i.e. the person holding the property) if that garnishee is in possession or custody of the property in which the judgment debtor has an interest at the time of service Thus, if the garnishee does not owe a debt to the judgment debtor at the time of the service, there is nothing to restrain Verizon New England Inc. v. IDT Domestic Telecom, 2012 NY App. Div. LEXIS 6038 (1 st Dep t 2012) Because there was no contract between the IDT and the judgment debtor, and only a month to month at will pre-payment for service, it could not be subject to attachment or levy by a judgment creditor 42

43 RESTRAINING NOTICES (CONT D) Restraining notices are a powerful tool because garnishees who violate the notice can be liable to the judgment creditor However, judgment creditors must be careful when restraining property to ensure that the restrained property is the judgment debtor s LR Credit 22 LLC v. Eggleston, (City Ct. Aug. 29, 2012) judgment creditor liable to the judgment debtor for restraint of exempt funds when it callously disregarded their obligation to do the 90% calculation and chose to inappropriately allow [judgment debtor s] account to remain frozen. 43

44 NY SEPARATE ENTITY RULE Under the separate entity rule, a bank may maintain an independent branch in New York without subjecting assets located abroad to attachment via service upon the branch in New York Nat l Union Fire Ins. Co. v. Advanced Employment Concepts, Inc., 269 A.D.2d 101, 703 N.Y.S.2d 3 (1st Dep t 2000)(holding that a restraining notice served on a New York branch of a bank did not restrain bank account in Florida branch) Nat l Shipping & Trading Corp. v. Weeks Stevedoring Co., 252 F. Supp. 275, 276 (S.D.N.Y. 1966) (a restraining notice served on a bank branch only restrains assets located at that branch). 44

45 STEP 3: Enforcing the judgment against real and personal property 45

46 ENFORCEMENT IN FED COURTS Governed by Rules 69 and 70 Rule 69 Money judgment enforced by writ of execution unless court directs otherwise Procedure must accord with forum state law unless federal statute specifically addresses enforcement Rule 70 Addresses land conveyances and specific acts Permits court to vest title for land conveyances through judgment Orders clerk to enter attachment order for specific property 46

47 ENFORCEMENT IN NY Money Judgment Entry of Judgment Personal Property Real Property Restraining Notice (CPLR 5222) Docket Judgment Execution & Levy (CPLR 5230, 5232) Turnover Motion (CPLR 5225(a) Special Proceeding against 3P (CPLR 5225(b)) Income Execution (CPLR 5231) Execution Sheriff Sale Sheriff Sale 47

48 ENFORCING JUDGMENTS AGAINST PERSONAL PROPERTY 48

49 EXEMPT PROPERTY IN NY (CPLR 5205) The full list is found at CPLR 5205 Some items: Home appliances Domestic animals Household furniture A wedding ring and certain jewelry up to $1000 Workman s tools of trade Car (up to a value of $4,000) Trust property 49

50 TWO METHODS TO SEIZE PROPERTY IN NY 1. Turnover Proceeding (CPLR 5225) 2. Sheriff s Execution 50

51 TURNOVER PROCEEDING (CPLR 5225) The judgment creditor moves by special proceeding to have personal property that is not exempt turned over Pros It is the only way to get property held by a garnishee. It can be used to reach property being kept where the sheriff cannot levy upon The order under CPLR 5225 is enforceable by contempt under CPLR 5251 Cons Because a turnover action utilizes the courts, it can be costly and take time 51

52 SHERIFF S EXECUTION AND SALE (CPLR 5230) The execution tells the sheriff to seize and sell property in order to satisfy the judgment or collect money or release monies received to the judgment creditor The property is sold by public auction Proceeds from the sale are distributed in the following order: Fees & expenses Taxes Judgment creditors in the order their execution was received by the sheriff 52

53 INCOME EXECUTION (CPLR 5231) Only available if the judgment debtor makes more than 30 times the federal minimum wage Steps: Give the sheriff an execution, providing information regarding judgment debtor s employer. Make sure the Transcript of Judgment is filed with the County Clerk. Sheriff will serve the execution upon the judgment debtor within 20 days, and judgment debtor then has 20 days to make voluntary payments. If the judgment debtor does not make payments, the sheriff then serves the execution upon the employer or person from whom the judgment debtor receives income. 53

54 SEIZING AND SELLING REAL PROPERTY 54

55 DOCKETING AND TRANSCRIPTING THE JUDGMENT AGAINST THE REAL PROPERTY Because docketing creates the lien on real property you want to do this promptly Docketing is only good on real property owned by the judgment debtor in the county where you docket the judgment, so you need to obtain a transcript, certified by the clerk where the judgment is filed or docketed, which can then be filed with county clerks of other counties to create a judgment lien on property there. You also want to do this promptly. 55

56 TIMELINESS A JUDGMENT LIEN ON REAL PROPERTY EXPIRES A lien against real property is valid for 10 years while a money judgment remains enforceable for 20 years If the money judgment has not been satisfied within the first 10 years, be sure to have it renewed under CPLR

57 REAL PROPERTY SOLD PURSUANT TO A SHERIFF SALE Sheriff sales take time You must first execute, and tell the sheriff which property is to be sold. The sheriff will then determine a sale date, no less than nine weeks before the sale. Advertisements must be posted in three public places in the county, and published in a newspaper four times before the sale in specific periods. The judgment creditor must also provide a list of interested parties as of 45 days before the sale, and the sheriff will notify those parties 30 days before the sale. Homestead exception (CPLR 5206(a)) Applies if the judgment debtor owns and occupies the property as a principal residence (either personally or by family members) Applies only if the judgment creditor is seeking to enforce a money judgment (i.e. does NOT apply to a foreclosure) Thus, if the property is valued more than $150,000 (in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland Westchester, and Putnam counties), or $125,000 (in Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster counties), or $75,000 (remaining counties), above all liens and encumbrances, then the judgment creditor can commence a special proceeding under CPLR 5206(e) to obtain court approval to execute on and sell the property 57

58 SETTING ASIDE A SHERIFF S SALE (CPLR 5206(a)) A sheriff sale may be set aside only for failure to comply with the requirements of the CPLR as to notice, time or manner of such sale, if a substantial right of a party was prejudiced by the defect. Stein v. Cula Capital Corp., 260 A.D.2d 569, (2d Dep't 1999) The court reverse the Supreme Court s grant of a motion to set aside the sale because the error in the notice the inclusion of a half acre that was clearly excluded from the mortgaged property could not have resulted in any buyer being misled or would have made the proposed sale uninviting. Where an irregular notice of sale incorporates by reference an accurate judgment or other information of record, the sale should be set aside only if someone could have been misled by the error, or if the defective notice was "so misleading as to make the proposed sale uninviting to prospective purchasers. Once a party purchases property at a sheriff sale, they will be liable for damages if they default in making payment and the property must be resold. Matter of Ziede v. Mei Ling Chow, 94 A.D.3d 771, 772, 941 N.Y.S.2d 275, 277 (2d Dep't Apr. 3, 2012) The court affirmed damages in the sum of $470,000, which was the difference between the bid and the resale price of $0. The rule is that a defaulting bidder at a judicial auction may be held liable for any deficiency in the purchase price realized from the resale. The court found that Chow failed to demonstrate any mistake or irregularity in the sheriff s sale because Chow s mistake in bidding could have been avoided through ordinary care to discover the mortgages before bidding. 58

59 POST JUDGMENT RECEIVER (CPLR 5228) Judgment creditors can move by order to show cause requesting the appointment of a receiver Many judgment debtors may contest this because appointment of a receiver results in costs that may deplete the assets available to satisfy a judgment However, a receiver is most often appointed to wind up a corporation or to maintain property that is subject to dissipation and waste, such as rental property A receiver is required to swear to an Oath and post a Bond before commencing their duties If a temporary receiver was appointed, they may continue post judgment 59

60 PRIORITY ISSUES If you are seeking money from a judgment debtor, chances are others are too Thus, it is important to determine: the judgment debtor s assets; potential other claimants; and your priority in seizing and selling those assets Seizing and selling assets can take a significant amount of time and resources you should do a cost-benefit analysis CPLR 5202 outlines when a judgment creditor s priority attaches to personal property A judgment creditor s lien on real property attaches at the time of docketing the transcript in the county in which the real property is located 60

61 ENFORCING FOREIGN JUDGMENTS IN NEW YORK (CPLR Art. 53, 54) Federal and Other State Judgments CPLR 5402 Entitled to full faith and credit Judgment creditor mails notice of the filing of the judgment in New York to the judgment debtor to his last known address within 30 days of filing, and file proof of service with the court before receiving any proceeds from an execution. Money Judgments from Other Countries CPLR 5303 Commence an action on the judgment, a motion for summary judgment in lieu of complaint, or by counterclaim, cross claim or affirmative defense in a pending action Does not require New York to have personal jurisdiction over the judgment debtor to recognize the foreign money judgments because the judgment enforcement devices operate in rem against the property of the judgment debtor. 61

62 EFFECT OF BANKRUPTCY PROCEEDINGS All further collection efforts cease until the judgment debtor is released from Bankruptcy. 62

63 SATISFACTION OF THE JUDGMENT The judgment creditor has a legal responsibility to prepare and sign a Satisfaction of Judgment so that all liens and record of the judgment can be removed from the Clerk s records from all the dockets of the counties in which the judgment was docketed. 63

64 SUMMARY Winning a money judgment is the first step Doing preliminary asset searches will help you Judgment enforcement is time consuming and can be risky if there are numerous creditors, including other judgment creditors 64

65 RESOURCES Sheriff of the County of New York, general information about enforcement of various judgments and small claims. ment_executions.shtml ACRIS (Automated City Register Information System), which allows you to search property records and view document images for Manhattan, Queens, Bronx, and Brooklyn from 1966 to the present. Weinstein-Korn-Miller, N.Y. Civil Practice. David A. Siegal, New York Practice, 5th ed. (2011). Wanda Borges, ed., Enforcing Judgments and Collecting Debts in New York, West (2011). 65

66 QUESTIONS & ANSWERS 66