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New York Judgment Enforcement Attorney
Winning a judgment should feel like a victory. For many creditors, though, it marks the beginning of a completely different battle. You went through the litigation, proved your case, and the court agreed that you are owed money. Now the debtor is ignoring the judgment, hiding assets, or simply refusing to pay. That frustration is something our attorneys hear about every week, and it is entirely valid.
Our New York judgment enforcement attorneys at Katz Melinger PLLC can take the legal tools available under state law and put them to work on your behalf. The judgment you hold is not just a piece of paper. It is an enforceable legal document that is enforceable, and there are real mechanisms that can be used to collect on it. Contact us for legal help at (212) 460-0047.
Why Choose Katz Melinger PLLC?
Katz Melinger PLLC is an established firm with a proven record of recovering money for creditors across New York. Our lawyers combine decades of collective litigation experience with a hands-on, client-focused approach that treats every case as a priority.
We take the time to learn your goals and circumstances so that the legal strategy we develop fits your specific situation, not a one-size-fits-all template. Here is what you can expect when you work with our firm:
- Direct access to the attorneys handling your matter
- Honest case assessments from the very first conversation
- Individualized enforcement strategies built around the debtor’s financial profile
- Consistent communication and case updates throughout the process
- Pursuit of all available legal remedies without delay
Over the years, our lawyers have settled or recovered judgments totaling more than $15,000,000 for our clients. You can view our case results to see the outcomes we have achieved across a range of collection and enforcement matters.
Post-Judgment Discovery: Finding What the Debtor Owns
Before selecting an enforcement method, you need to know what the debtor owns and where those assets are located. New York law provides judgment creditors with specific discovery tools under New York Civil Practice Law and Rules (CPLR) Article 52 designed to uncover a debtor’s full financial picture. These mechanisms are separate from pre-trial discovery and carry their own rules and procedures:
- Information subpoenas: Written questions served on the debtor or third parties, such as banks and employers, that require sworn responses about the debtor’s assets, income, and financial dealings.
- Subpoenas duces tecum: Demands the production of specific documents, such as bank statements, tax returns, corporate records, and other documents that reveal the debtor’s financial position.
- Depositions: Court-ordered examinations where the judgment debtor must appear and answer questions under oath about assets, liabilities, and any transfers or transactions that may affect collection.
- Restraining notices: Legal orders that freeze assets held by third parties, preventing the debtor from transferring or disposing of property while the judgment remains outstanding.
When a debtor has recently moved assets to family members, related businesses, or other entities to avoid collection, those transfers may be reversible through fraudulent conveyance claims under the New York Debtor and Creditor Law. Identifying suspicious activity during the discovery phase strengthens your enforcement position considerably.
Methods of Enforcement
Once the debtor’s financial picture is clear, the appropriate enforcement tools can be deployed. New York offers several options under CPLR Article 52, depending on what the judgment debtor owns and where those assets are held.
Income Execution (Wage Garnishment)
An income execution directs the debtor’s employer to withhold a portion of their wages and send it to the creditor. Under CPLR § 5231, New York caps garnishment at 10 percent of gross wages, with additional thresholds designed to protect basic living expenses.
Property Execution (Seizure)
A property execution authorizes the sheriff or marshal to seize and sell the judgment debtor’s personal property to satisfy the award. Eligible assets may include vehicles, equipment, inventory, and other tangible goods not otherwise exempt under state law. Property executions may also be used to levy on funds held in a judgment debtor’s bank or investment account.
Bank Account Restraint and Turnover
A restraining notice served on the debtor’s bank freezes the account and prevents withdrawals or transfers. Under CPLR § 5222, the bank must hold those funds while you serve a property execution or pursue a turnover order directing that the money be paid over to satisfy the judgment.
Real Property Lien
Filing a judgment with the county clerk in any county where the debtor owns real estate creates an automatic lien on that property under CPLR § 5203. The lien attaches to property currently owned and any property acquired in that county in the future, and it must be satisfied before the property can be sold or refinanced. In certain circumstances, a judgment creditor can foreclose on a lien to force the sale of the property and recover proceeds from the sale.
Contempt of Court
When a judgment debtor willfully disobeys a court order related to enforcement, a contempt motion can result in fines, sanctions, or incarceration. Contempt proceedings under New York Judiciary Law § 753 can motivate uncooperative debtors to begin paying when other methods have not.
FAQ: Common Questions About Judgment Enforcement in New York
How Long Are Judgments Valid in New York?
A money judgment in New York is enforceable for 20 years from the date it is entered under CPLR § 211(b). Post-judgment interest accrues on the unpaid balance at the statutory rate of 9 percent per year under CPLR § 5004, so the total amount owed continues to grow as long as the award remains outstanding.
What Types of Funds Are Exempt From Enforcement?
Certain categories of income and assets are protected from judgment enforcement under New York law. The debtor bears the burden of claiming these exemptions under CPLR § 5205, but creditors should be aware of what cannot be seized:
- Social Security and Supplemental Security Income benefits
- Public assistance and veterans’ benefits
- Unemployment insurance and workers’ compensation
- Child support and spousal maintenance payments
- Pension and retirement funds
What Should I Do After My Judgment Is Paid in Full?
Once the debtor has satisfied the judgment, you are required under CPLR § 5020 to file a satisfaction of judgment with the court. Failing to do so can expose you to liability and may leave liens on the debtor’s property that should have been released. Acting promptly protects both parties and formally closes the enforcement record.
Consult a New York Judgment Enforcement Attorney at Katz Melinger PLLC
A judgment that goes unenforced is a recovery that never arrives. The longer enforcement is delayed, the more opportunity a debtor has to move funds, transfer property, or otherwise complicate collection. Every month that passes without action is a month during which the balance may grow harder to reach.
Our attorneys at Katz Melinger PLLC know how to move quickly when the situation calls for it. Call (212) 460-0047 or contact us online to schedule a consultation with a New York judgment enforcement attorney who will assess the debtor’s financial profile, identify the most effective enforcement tools, and pursue the recovery your business is owed.
The information provided should not be taken as legal advice. For the most current and thorough details, it is advisable to seek assistance from a legal professional by contacting a qualified attorney.
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