What legal steps must a New York state attorney general take to seize property after a civil judgment?
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Executive summary
A New York State Attorney General seeking to seize property after obtaining a civil judgment follows the same statutory enforcement framework available to any judgment creditor: docket the judgment where the property sits, obtain an execution from the court, and use enforcement officers (sheriffs or marshals) to levy, seize and sell non‑exempt assets—subject to statutory notice, fee, and exemption rules; separate criminal or forfeiture actions follow different procedures and timelines (civil asset forfeiture) [1] [2] [3] [4].
1. Obtaining and docketing the judgment: the foundational paperwork
The starting point is a final monetary judgment or a civil in rem order; to reach real property the judgment must be transcribed or docketed in the Supreme Court or county clerk’s office where the asset is located so a lien attaches—this transcript/docketing is required before a sheriff can act against real estate [1] [5].
2. Identify assets using information subpoenas and investigations
Before seizure, the office must locate attachable assets: courts permit “information subpoenas” (served on debtors, banks, employers or third parties) to compel disclosure of bank accounts, employers, vehicles or other assets, and enforcement officers will not levy without such leads [3] [2] [6].
3. Securing an execution and engaging enforcement officers
Once assets are identified, the court issues an execution—an order authorizing a sheriff, marshal or other enforcement officer to levy on property, garnish wages or bank accounts, or seize personal property for sale; the choice of enforcement officer depends on which court issued the judgment and the type of property to be taken [2] [7] [8].
4. Practical steps sheriff/marshal follow: certified papers, undertakings and fees
An enforcement action shows up as certified copies of the judgment, orders of seizure or execution, and the underlying papers presented to the sheriff or marshal; some orders require an undertaking or bond fixed by the court (often double the alleged value) and advance payment of enforcement fees, mileage and auction costs before action is taken [9] [1] [10].
5. What can and cannot be taken—exemptions and limitations
State law shields certain assets—welfare, social security, some retirement accounts, essential tools of the trade and limited portions of wages and bank accounts—under CPLR §5205 and related rules, so an enforcement officer may seize only non‑exempt property and must observe exemptions and any protective orders a debtor obtains [3] [8] [7].
6. Sale, application of proceeds and liens
Seized non‑exempt property is typically sold at execution or auction and proceeds applied to the judgment; for real property the docketed transcript creates a lien that may block sale or refinancing and can last—and be renewed—for years, whereas personal property seizure requires physical levy and sale procedures [3] [1] [11].
7. When forfeiture or criminal seizure rules apply (different path)
If the Attorney General is pursuing asset forfeiture tied to alleged criminal activity or statutory forfeiture, different procedures, notice requirements and timelines apply (administrative forfeiture, in rem civil forfeiture or criminal forfeiture), and prosecutors must follow statutory rules about notice and claimant rights distinct from ordinary judgment enforcement [4] [12].
8. Practical and ethical constraints, and gaps in public guidance
Enforcement is resource‑intensive—agencies advance fees, require precise asset locators, and often prefer negotiation; the sources make clear the procedural mechanics but do not provide a step‑by‑step prosecutorial checklist specific to the Attorney General’s office, so nuances like internal AG policies, prioritization of assets, or interagency coordination are not covered here and would require direct AG procedural materials or practice directives [10] [2] [9].