If you have been awarded a money judgment against someone and that person does not pay you, you have several choices:

• You can try to collect the money yourself.
• You can get a Sheriff or City Marshal to assist you.
• You can hire an attorney.

        The Buffalo City Marshal's office will help you collect money judgments issued by the Buffalo City Court. They charge $35.00 to collect Small Claims Court judgments and $45.00 for other money judgments. However, that amount is then added on to the original judgment amount. The more information you have available for the Marshal's office, the more likely they will be able to collect your money.

        If you only know a name and address, a Marshal can stop by and demand the money, but this is not always successful. If you know who the defendant's employer is, the Marshal's office may be able to garnish 10% of their wages until the judgment is satisfied. If they have a vehicle, the Marshal's office may be able to seize and sell it in order to settle the judgment; however, there is a $450 deposit required that is refundable in the event the vehicle is sold. The Marshal's office may also be able to attach the judgment to the defendant's bank account. If the defendant has ever given you a check, or if you have a canceled check that you have given him, you should give the Marshal's office the information off of the check. You could also send information subpoenas to banks in order to find out where the defendant may have an account. The phone number for the Buffalo City Marshal's office is 847-8435.

        The Civil Division of the Erie County Sheriff's Department assists in the collection of money judgments. You should call for more information, as it varies on a case by case basis. Their phone number is 858-7606.

        An information subpoena is a random questionnaire sent out to a bank asking if the defendant has a bank account there. They are available at the Buffalo Small Claims Court in the City Court building. The charge is $2 for each bank it is sent to. Banks typically respond within 7-10 days. In the event that a bank does not respond, you should have them served and get an affidavit of service. If the bank still does not reply to your subpoena, they will be in contempt. Generally, banks cooperate in answering information subpoenas. For more information, you can call the Buffalo Small Claims Court at 847-8290.

The following law firms may be able to offer you assistance in colleting money judgments:

Aaron, Dautch, Sternberg & Lawson - 854-3015

Goldstein, Bulan, & Chiari - 854-1332

Richard Leff - 854-3321

This information letter was prepared with a grant from The Community Foundation for Greater Buffalo

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