Enforcing a judgment in New York typically involves several steps, which may include:
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Obtaining a Judgment: Before a judgment can be enforced, a plaintiff must obtain a judgment from the court in the underlying lawsuit.
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Filing the Judgment: Once the judgment is obtained, it must be filed with the court clerk in the county where the judgment debtor’s assets are located.
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Locating Assets: The next step is to locate the judgment debtor’s assets, which may include bank accounts, real estate, personal property, and wages. The plaintiff can obtain information about the debtor’s assets through various methods, such as subpoenas, restraining notices, debtor examinations (depositions), and public records searches.
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Execution: Once the plaintiff has identified the debtor’s assets, they can seek to execute on those assets through various methods, such as wage garnishment, bank account levies, or the seizure and sale of personal property. Often, this may involve a marshal to seize assets.
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Judgment Lien: If the plaintiff is unable to locate the debtor’s assets, they can file a judgment lien against the debtor’s real property, which will create a lien against the property that must be satisfied before the property can be sold or refinanced.
It is important to note that the process of enforcing a judgment in New York can be complex and time-consuming, and it may require the assistance of an experienced attorney. Additionally, there are limitations on the types of assets that can be seized and the amount that can be garnished from a debtor’s wages, so it is important to understand the legal requirements and limitations before attempting to enforce a judgment.
