Many individuals and businesses in and around White Plains, New York, may discover that they will get little to no legal resistance from someone who owes money to them. There are a number of reasons that this happens, one being that the debtor recognizes there is no valid reason why they should not pay what they owe.
For this reason, someone pursuing a lawsuit in a New York court may wind up in a situation where the debtor is in default, that is, not attending court or responding to the court’s deadlines. In some cases, such as when there is a promissory note in play, the next step is to get an enforceable default judgement.
However, in many other cases, it may be clear that the debtor owes money, but the exact amount still has to be officially established. This is where the inquest hearing comes in. After a default, a creditor has the responsibility to ask for an inquest hearing and to make sure that the other side, even though he or she is in default, gets proper notice about the hearing.
Like a full-blown trial, an inquest hearing is an opportunity for the creditor to come before the court and present evidence to prove how much the debtor owes. Without this evidence, a court will not grant the creditor an enforceable judgment and the creditor thus will have very limited means of collecting the debt. On the other hand, unlike a trial, the other side will not be presenting conflicting evidence.
The inquest process can be a very important step in collections and judgement enforcement when it comes to enforcing a contract, an invoice, or the like. An attorney can be of valuable assistance in this process.