Collecting your judgment

After winning a judgment in your favor, you should try to contact the losing party to collect your judgment. If after 30 days from the date when the judgment was entered the debtor did not pay the judgment, the judgment creditor can take the case to the sheriff of the City of New York, where the judgment creditor can enforce property or income execution on the debtor. However, the judgment creditor must provide the enforcement officer with the information needed to locate assets (money, property or employer’s information) of the defendant, and the enforcement officer then can seize those assets to satisfy the judgment. For example, you can search for the bank accounts on your own. The creditor can request the information subpoena from the clerk in the Small Claims to obtain the information about the bank accounts from the different banks. Also, the creditor can request the information about the ownership of automobile records from the Department of Motor Vehicle. Further, this information can be given to the sheriff to get a property execution order.

In addition, the enforcement officer may request mileage and other fees before he or she seizes the assets. In many circumstances, these fees later can be added to the original judgment amount to be received from the defendant.

Property which may be reached by an enforcement officer includes: bank accounts, wages, houses or other real estate, automobiles, stocks and bonds. To begin collecting a judgment, you should contact the judgment debtor either directly or through the debtor’s attorney if the debtor was represented by an attorney, and request payment of the judgment amount. If the judgment debtor does not pay, you are entitled to begin collection efforts. These may include one or any combination of the following:

a) garnishment of wages and or bank accounts,
b) lien, seizure and or sale of real property and or personal property, including automobiles,
c) suspension of motor vehicle registration, and or driver’s license, if the underlying claim is based on the judgment debtor’s ownership or operation of a motor vehicle,
d) revocation, suspension, or denial of renewal of any applicable business license or permit,
e) investigation and prosecution by the State Attorney General for fraudulent or illegal business practices, and
f) a penalty equal to three times the amount of the unsatisfied judgment plus attorney’s fees, if there are unpaid claims.