What are the legal steps required in New York for a state attorney general to seize privately held real estate after a civil judgment?
Executive summary
A state attorney general seeking to take privately held real estate after winning a civil judgment in New York must generally follow the same post‑judgment enforcement paths available to any judgment creditor—create and docket a judgment lien, pursue an execution that can lead to levy and sale under CPLR procedures, or use forfeiture statutes where criminal or statutory forfeiture applies—while navigating exemptions and specific enforcement officers’ powers; the Attorney General’s special prosecutorial tools (forfeiture, seizure) overlap with but are not identical to ordinary civil judgment collection and are governed by distinct statutes and procedures [1] [2] [3].
1. Create and docket a transcript of judgment to attach a lien
The foundational civil step is docketing or filing a Transcript of Judgment in the county where the real property sits to create a judgment lien on real estate, a procedural prerequisite that makes the judgment encumber property and follow after‑acquired real estate in that county [1]. Filing a judgment with the County Clerk establishes the lien that prevents sale or refinancing without satisfying the judgment and can be docketed in additional counties if the debtor owns property elsewhere [1] [4].
2. Use an execution and levy to identify and seize specific property
After a judgment is docketed, the creditor—here potentially the Attorney General as judgment creditor—asks an enforcement officer for an “execution,” which authorizes levy on identified assets and can lead to seizure and sale at an execution sale; the enforcement officer seizes assets and the proceeds apply to the judgment [2] [1]. Execution is the mechanism that “attaches” a judgment to specific items of property before a sheriff or marshal may lawfully seize those assets for sale [4] [2].
3. Know who can physically carry out a sale and the limits on marshals
In New York practice, the City Sheriff is the enforcement officer empowered to sell real property to enforce money judgments (albeit infrequently used), while City Marshals may seize personal property or garnish wages but lack authority to seize and sell real estate in many contexts [5]. Thus, even when the Attorney General secures a judgment or forfeiture order, the practical step of levying and selling land will typically involve a sheriff acting under court execution procedures [5] [2].
4. Distinguish civil judgment collection from prosecutorial forfeiture tools
State prosecutors—including the Attorney General—also pursue property by civil or criminal forfeiture theories that can permit administrative or judicial seizure of assets; these forfeiture processes are governed by separate statutes and procedures [3]. Forfeiture often begins with seizure by law enforcement followed by administrative or judicial proceedings to forfeit title to property, and those proceedings carry different notice, appeal, and fee‑shifting rules than a garden‑variety civil execution [3] [6]. The available sources describe forfeiture as a distinct route but do not supply a step‑by‑step merger of AG forfeiture with ordinary judgment executions [3] [6].
5. Observe exemptions, preconditions, and procedural protections
New York law exempts certain property from seizure—examples include limited welfare and social security funds, household furniture, and other statutory protections—so even a valid judgment or execution cannot reach exempt assets; the CPLR governs execution, exemptions, and sale procedures [1] [5]. Enforcement officers typically require advance payment of fees before acting and must follow statutory notice and auction rules [7] [8]. Additionally, judgments may be stayed by bankruptcy or appeal, which legally restricts execution until those processes resolve [1].
6. Practical and legal caveats: remedies, rarity of forced sales, and limits of the public record
While a judgment creditor can, in theory, force sale of real estate through lien and execution or foreclosure-like procedures, forced sale of privately held residences is uncommon in practice and often requires additional litigation to “attach” specific property or to pursue a foreclosure action; creditors more commonly use liens, garnishments, and levies on bank accounts or business assets [4] [9]. The public materials consulted explain the general civil steps and note prosecutors’ separate forfeiture powers, but do not provide a single statutory checklist unique to the Attorney General’s office—meaning specific AG forfeiture paths, internal policies, and any office‑specific procedures require direct review of AG rules or statutory forfeiture provisions beyond these sources [3] [6].