What legal steps must a state attorney general take to seize private real estate to satisfy a civil judgment in New York?

Checked on January 16, 2026
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Executive summary

A state attorney general seeking to seize private real estate to satisfy a civil judgment in New York must follow the same judgment-enforcement framework available to any judgment creditor: secure a money judgment, record it (or a transcript) to create a lien, obtain an execution or writ authorizing seizure, and direct a sheriff or marshal to levy and, if necessary, sell the property—while complying with statutory exemptions and procedures that allow the debtor to challenge enforcement [1] [2] [3] [4].

1. Win the judgment or convert the claim into a judgment and record it

The foundational step is obtaining a court judgment ordering payment; to reach real estate, that judgment must be filed or transcribed so it becomes a recorded lien in the county where the property is located, which is the procedural trigger that allows attachment to real property [1] [2].

2. Create and perfect a judgment lien by filing the transcript with the county clerk

A judgment creditor creates a lien on a debtor’s real property by recording the judgment or a certified transcript in the county docket where the parcel sits, and that lien can block sale or refinancing and lasts for the statutory term unless renewed—this step is explicitly required before forcing an in rem remedy against land [2] [5].

3. Obtain an execution or writ and engage enforcement officers to levy

After the lien is recorded, the creditor must ask the court or county clerk for an execution or writ of execution that directs a sheriff or marshal to levy on identified property; the sheriff or marshal then has authority to seize, and ultimately sell at auction, the levied assets to satisfy the judgment [3] [4] [6].

4. Identify, locate and specifically attach the property to be seized

Before seizure, the creditor (including the attorney general acting as a civil creditor) must identify specific property owned by the debtor—real estate must be specifically located and linked to the judgment through the lien and execution process; one cannot simply demand the sheriff sell undefined assets without these prerequisites [1] [2] [3].

5. Observe exemptions, notice and procedural protections for the debtor

New York law protects certain property and limits enforcement methods—statutory exemptions (see CPLR §5205 referenced by county guidance) and rules about notice, fees, and timing apply, and enforcement officers generally will not act until statutory fees are paid and proper process is in hand; debtors have avenues to contest execution or claim exemptions in court [4] [7].

6. Use of marshals, sheriffs and administrative warrants in sale or levy

Practical enforcement is executed through marshals or sheriffs who levy and sell assets under court orders and approved procedures; New York City marshals and county sheriffs are the officers who physically take possession and conduct sales, and are empowered only when presented with the proper legal document (execution) authorizing levy [6] [7].

7. Distinguish ordinary judgment enforcement from government forfeiture powers

When the attorney general pursues forfeiture under statutory authorities (civil in rem forfeiture or other statutes), the procedures and burdens differ from ordinary collection: forfeiture statutes operate in rem and can target property as the object of an offense, invoking specific statutory schemes beyond CPLR execution rules—these are separate remedies with distinct standards and protections [8] [9].

8. Practical limits and remedies: auctions, surplus, and judicial oversight

If property is sold at public auction pursuant to CPLR procedures, proceeds are applied first to satisfy the judgment and enforcement expenses, with any surplus returned; throughout the process courts retain supervisory authority and debtors may seek relief, which creates practical checks against improper seizure [10] [6].

Conclusion: a paper trail and process, not an instant takeover

Seizing private real estate in New York is a methodical, court-centered process: obtain a judgment, record it to create a lien, procure an execution, have a sheriff or marshal levy and sell pursuant to CPLR procedures, and respect statutory exemptions and forfeiture distinctions—any shortcut or failure to follow these steps invites legal challenges and statutory protections for the debtor [1] [2] [3] [4].

Want to dive deeper?
How does CPLR §5205 define exemptions that protect real and personal property from judgment enforcement in New York?
What is the procedural difference between civil in rem forfeiture statutes and ordinary judgment collection under New York CPLR?
How do sheriffs and city marshals differ in authority and procedure when executing writs and selling levied property in New York?