Contact Resource Services v. Gregory

OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

This action calls upon the court to balance the competing rights of a judgment creditor, who is legally entitled to use authorized procedures to collect a debt, and a judgment debtor, whose sole financial resources are legally exempt from seizure by the creditor. The circumstances in this action are not uncommon. Nevertheless, New York courts are rarely asked to reconcile the conflict presented here, primarily because the overwhelming majority of consumer transaction judgments in New York State are granted upon the debtor’s default.

In this…