Enforcing a New York Judgment
A Structured, Strategic Approach to Collecting What You Are Owed
Obtaining a judgment is an important step, but it does not guarantee payment. Many judgment debtors ignore court orders, move funds, close accounts, transfer assets, or simply refuse to engage. Enforcing a judgment in New York requires a methodical and legally precise strategy. The process is not quick, and it is not automatic. But with discipline and the correct sequence of enforcement tools, recovery is often achievable.
I take on a limited number of judgment-enforcement matters to ensure that each receives the attention required. My approach is analytical, persistent, and grounded in a thorough understanding of New York’s enforcement statutes and procedures.
Understanding the Judgment Enforcement Process
Enforcement in New York unfolds through a series of coordinated steps. Although every case is different, most begin with identifying the debtor’s assets and determining which enforcement tools are most appropriate. The process typically involves a combination of asset restraints, subpoenas, information gathering, and court proceedings. Key components include:
- Locating assets — bank accounts, wages, business revenue, receivables, real property, or assets held by third parties.
- Restraining assets — preventing a debtor from moving or dissipating funds once they are identified.
- Compelling disclosure — obtaining financial information through subpoenas, depositions, or document demands.
- Litigating when necessary — including turnover proceedings, fraudulent-transfer actions, or claims against related entities.
Why Many Judgments Go Uncollected
Creditors often assume that a sheriff, marshal, or garnishment process will handle enforcement. In practice, these methods rarely succeed on their own. Sheriffs cannot investigate, cannot pursue leads, and cannot litigate when assets are hidden or transferred. Judgment debtors frequently:
- operate through multiple companies,
- rely on personal accounts or related individuals,
- use cash-heavy business structures,
- transfer assets after a lawsuit begins,
- close, dissolve, or reincorporate under new names,
- rely on creditors’ inaction or procedural mistakes.
Identifying Assets and Financial Pressure Points
The first step in enforcement is understanding the debtor’s financial landscape. This may include:
- bank accounts or brokerage accounts,
- employment or salary information,
- business revenue streams,
- receivables owed to the debtor’s business,
- related companies that may hold assets or operate as alter egos,
- intellectual property or intangible assets,
- real property or rental income.
A debtor who believes assets are undiscoverable often becomes cooperative once the legal pressure builds.
The Tools Available Under New York Law
New York’s enforcement statutes are extensive. Some of the most important tools include:
Restraining Notices (CPLR § 5222)
These freeze assets held by banks, employers, and third parties once served. A properly issued restraint can halt a debtor’s financial activity immediately.Subpoenas and Depositions
Judgment creditors are entitled to broad discovery into a debtor’s finances. Information subpoenas, document demands, and depositions often reveal assets, income, and transfers.Turnover Proceedings (CPLR §§ 5225 & 5227)
These proceedings compel banks, employers, transferees, or other third parties to turn over assets belonging to the debtor. They are among the most powerful tools available.Fraudulent Transfer Actions
If a debtor moved assets to avoid paying a judgment, those transfers can be unwound through litigation under New York’s Debtor and Creditor Law.Veil-Piercing and Successor Liability Claims
When a debtor hides behind a shell entity or continues business operations under a new name, these remedies allow creditors to reach the true operating entity.Domestication of Out-of-State Judgments
If your judgment was issued elsewhere, it can be filed and enforced in New York using streamlined procedures.Each tool serves a different purpose, and a successful enforcement strategy often uses several simultaneously.
Why Judgment Enforcement Requires Consistency and Follow-Through
Debtors often test the creditor’s resolve. Some comply only after they understand that enforcement will continue until the judgment is satisfied. Others assume that creditors will give up. Persistence — combined with legal precision — is often the deciding factor.
Because I maintain a deliberate, limited caseload, I am able to follow each enforcement matter consistently, track developments, and respond quickly to new opportunities or evasive behavior. This level of attention is often what moves an enforcement case from “stalled” to “recovering.”
How Long Does Enforcement Take?
Enforcement timelines vary widely. Some judgments resolve within a few weeks after restraints or turnover demands. Others require months of subpoenas, depositions, and litigation. When fraudulent transfers or alter-ego issues arise, enforcement may take longer, but these cases are still winnable with the right strategy. The key is not speed for its own sake. It is disciplined progress, documented steps, and continuous application of legal pressure.
Judgment Enforcement Frequently Asked Questions
How do I start enforcing a judgment in New York?
Enforcement begins with identifying the debtor’s assets and determining which legal tools will be most effective. This often includes bank restraints, subpoenas, information subpoenas, and, when necessary, turnover proceedings. Judgment enforcement is a structured sequence of actions, not a single step.
Why hasn’t the sheriff or marshal collected my judgment?
Sheriffs and marshals cannot investigate, subpoena, depose debtors, or litigate fraudulent transfers. Their role is limited to executing on assets that are already known. Most enforcement work requires a lawyer who can locate assets, restrain them, and pursue litigation when debtors move or conceal funds.
What if I do not know where the debtor keeps their assets?
Asset location is often the first major task. New York law allows broad post-judgment discovery, including subpoenas, document demands, and depositions. Even when assets are not immediately visible, applying financial pressure and obtaining disclosures frequently brings the debtor to the table.
Can my judgment be enforced if the debtor is using multiple companies or transferring assets?
Yes. New York permits fraudulent-transfer actions, turnover proceedings against third parties, and claims for veil piercing or successor liability. These remedies are designed to address evasive conduct such as transferring assets to relatives or operating through related entities.
How long does judgment enforcement usually take?
Timelines vary widely. Some cases resolve within weeks once restraints are in place. Others require months of discovery or litigation, particularly when the debtor has transferred assets or operates through multiple companies. Consistency and follow-through often determine the outcome.
How long is my New York judgment valid?
A New York judgment is enforceable for twenty years. Liens on real property last ten years and can be renewed. Even older judgments can often be collected if enforcement is approached strategically.
Do you take every judgment enforcement case?
No. I accept only a limited number of matters so I can apply sustained, meticulous attention to each case. Judgment enforcement is detail-heavy and requires ongoing monitoring, and a limited caseload allows for the consistency required for success.