What legal mechanisms can New York use to collect on civil judgments against corporations and individuals?
Executive summary
New York offers a structured, statutory toolkit to turn a court money judgment into real payment: creditors may investigate assets, record liens, garnish wages, freeze or levy bank accounts, and seize and sell property through court-issued executions executed by sheriffs or city marshals [1] [2] [3]. These remedies are powerful but regulated by procedure, exemptions, time limits, and venue rules that often determine whether collection succeeds [4] [5] [6].
1. The basic pathway: from judgment to enforcement
After entry of a judgment a creditor becomes entitled to enforcement steps but must take affirmative post‑judgment actions—contacting the debtor, obtaining transcripts of judgment to docket as liens, and requesting executions—because courts do not automatically collect money for winners [1] [7] [8].
2. Finding money and property: subpoenas, information subpoenas, and ordinary investigation
Creditors are expected to locate assets before asking an enforcement officer to act; New York practice permits information subpoenas, depositions, and other asset‑investigation tools to discover bank accounts, real property, and third‑party relationships that may reveal recoverable funds [9] [2] [10].
3. Enforcement officers and executions: marshals, sheriffs, and levies
Once assets are identified, an enforcement officer—either a City Sheriff (a municipal employee) or a City Marshal (an appointed private officer)—can seek a court execution to levy on property, enforce bank holds, or carry out property sales under CPLR procedures, with both types of officers subject to statutory fee schedules [11] [3] [5].
4. Common collection mechanisms: liens, garnishment, levies, and seizure
Practical tools include docketing a transcript of judgment to create a real‑property lien in any county where the debtor owns land, filing income executions (wage garnishments) to collect a portion of earnings, levying bank accounts to freeze and withdraw funds, and, as a last resort, seizing and selling non‑exempt personal property at public auction [1] [4] [5] [12].
5. Special remedies and administrative leverage: DMV suspensions and intercounty tactics
When a judgment arises from a motor‑vehicle claim and exceeds statutory thresholds, the DMV may suspend a debtor’s driver license and registration until payment if conditions are met; creditors may also re‑file transcripts across counties to follow real property or use sheriffs in one county to coordinate income executions in another [11] [1] [6].
6. Limits, exemptions, defenses, and timing that shape outcomes
Collection is bounded by statutory exemptions (CPLR §5205) that protect certain personal property and portions of income, by procedures required to reach assets, by bankruptcy filings that halt enforcement, and by a long but not unlimited collection window—creditors generally have up to 20 years to pursue judgments though interest and other rules apply [4] [13] [1].
7. Corporations vs. individuals: piercing, third‑party claims, and creative strategies
Against corporations, creditors commonly use property liens, bank levies, and turnover from officers or related entities; against individuals, wage garnishment and exemption analysis matter more, and creative tactics—installment payment orders, subpoenas to third parties, or pursuing assets held through spouses or nominees—are documented strategies used by experienced litigators [10] [2] [14].
8. Geographic and procedural pitfalls: out‑of‑county and foreign judgments
Not all judgments are enforceable everywhere without additional steps: small‑claims or out‑of‑county judgments must often be docketed in the correct Supreme or County Court before NYC sheriffs will act, and foreign judgments can face recognition defenses if jurisdictional or public‑policy problems exist [5] [2].
Conclusion: a menu of legal levers tied to facts and procedure
New York law supplies multiple, complementary mechanisms to convert money judgments into payment—investigation tools, docketed liens, income executions, bank levies, property seizures, and administrative levers like DMV suspension—but success hinges on procedural precision, knowledge of exemptions and venue rules, and often the help of enforcement officers or counsel to deploy the right combination for each debtor’s asset picture [9] [11] [3] [2].