How do I collect when a judgement has been entered?
Full Question:
Answer:
When a bond is posted to discharge a lien, it is required to be returned to the party who posted the bond, or the successors, when the lien is discharged. An order for the return of bond moneys to the lienor or depositor may be made by any court of record having jurisdiction of the parties. If no action is brought in a court of record to enforce the lien, the order may be made by any judge of a court of record. If the lienor is the party who petitions for the order, the lienor must give notice of the petition to the depositor. If the depositor petitions for the order, it must provide notice of the petition to the depositor.
The following is a NY statute:
§ 20 Lien. Discharge of lien after notice of lien filed by payment of
money into court.
A lien specified in this article, other than a lien for performing
labor or furnishing materials for a public improvement, may be discharged
after the notice of lien is filed at any time before an action is
commenced to foreclose such lien, by depositing with the county clerk, in
whose office the notice of lien is filed, a sum of money equal to the
amount claimed in such notice, with interest to the time of such
deposit. After such deposit is made and the lien is discharged the county
treasurer or any other officer with whom the money is deposited shall,
within ten days thereafter, send a notice by mail to the lienor, at the
address given in the lien, that such lien has been discharged by
deposit. After action to foreclose the lien is commenced it may be
discharged by a payment into court of such sum of money, as, in the
judgment of the court or a judge or justice thereof, after at least five
days' notice to all the parties to the action, will be sufficient to pay
any judgment which may be recovered in such action. Upon any such
payment, the county clerk shall forthwith enter upon the lien docket and
against the lien for the discharge of which such moneys were paid, the
words "discharged by payment." A deposit of money made as prescribed in
this section shall be repaid to the party making the deposit, or his
successor, upon the discharge of the liens against the property pursuant
to law. All deposits of money made as provided in this section shall be
considered as paid into court and shall be subject to the provisions of
law relative to the payment of money into court and the surrender of such
money by order of the court. An order for the surrender of such moneys to
the lienor or depositor may be made by any court of record having
jurisdiction of the parties. If no action is brought in a court of record
to enforce such lien, such order may be made by any judge of a court of
record. If application for such order is made by lienor it shall be on
notice to the depositor; if made by the depositor then on notice to the
lienor.
