Winning a judgment in NYC Small Claims Court or Civil Court is step one. Getting paid is step two — and it requires knowing your enforcement options. Many tenants and creditors win judgments only to find the other party simply ignores them. This guide explains the practical tools available to collect on a money judgment in New York.
What Is a Money Judgment?
A money judgment is a court order establishing that one party owes another a specific sum of money. Once entered by the court, it is legally binding and enforceable. If the party who owes the money (the judgment debtor) does not pay voluntarily, the party who won (the judgment creditor) must take active steps to collect.
Judgments in NYC Small Claims Court and Civil Court are valid for 20 years from the date of entry and accrue interest at the statutory rate during that period. You do not have to collect immediately — but acting sooner is usually better because assets and circumstances change.
Step 1: Locate the Judgment Debtor’s Assets
Before you can enforce a judgment, you need to know where the debtor has money or property. Common sources:
- Bank accounts: The most common target for enforcement — funds can be restrained and turned over to you
- Wages: You can garnish a portion of the debtor’s wages if they are employed
- Real property: A judgment becomes a lien on any real property the debtor owns in the county where the judgment is docketed
- Business assets: If the debtor is a business, their bank accounts and receivables can be reached
To find asset information, you can serve a Information Subpoena — a court-authorized document that requires the debtor (or a third party like a bank) to answer questions about the debtor’s assets under oath. The Small Claims clerk can provide Information Subpoena forms.
Enforcement Tool 1: Bank Account Restraint and Turnover
If you know or can identify the debtor’s bank, you can restrain their account through a restraining notice and then obtain a court order directing the bank to turn over the funds. The process:
- Obtain a certified copy of the judgment from the court clerk
- Have the judgment docketed in the county where you want to enforce it (the clerk handles this)
- Serve a restraining notice on the bank — this freezes the account up to the judgment amount
- File an Order to Show Cause in court seeking a turnover order directing the bank to pay you
- Attend the hearing; if the debtor cannot show the funds are exempt, the court orders the bank to pay you
Exempt funds: New York law protects certain funds from enforcement — including Social Security, SSI, unemployment, disability, pension, and the first $3,600 in any bank account (the “minimum balance exemption”). A debtor can claim these exemptions.
Enforcement Tool 2: Income Execution (Wage Garnishment)
If the debtor is employed, you can garnish their wages through an income execution. New York law limits garnishment to 10% of gross wages (the federal limit is 25% of disposable income — New York applies the more protective limit). To start an income execution:
- Obtain a certified copy of the judgment
- Have the judgment docketed
- Contact a NYC marshal (not a sheriff — marshals handle civil enforcement in NYC) to serve an income execution on the debtor’s employer
- The employer then withholds the permitted percentage and pays it to the marshal, who forwards it to you
Find a NYC marshal at the NYC Department of Investigation’s marshal directory: nyc.gov/marshallist. Marshals charge fees, typically a percentage of the amount collected, paid from the collected funds.
Enforcement Tool 3: Property Lien
When a judgment is docketed in the county clerk’s office of a New York county, it automatically becomes a lien on any real property the debtor owns in that county. This means the debtor cannot sell or refinance the property without satisfying your judgment. To docket in multiple counties (if you don’t know which county the debtor owns property in), you must file a certified copy of the judgment in each county clerk’s office.
Property liens are especially effective against landlords — they often own property in the borough where you’re suing them.
Enforcement Tool 4: Contempt of Court
If a debtor willfully refuses to comply with a court order directing them to pay (as opposed to simply not having the money), you can file a motion to hold them in contempt of court. Contempt findings can result in fines or incarceration. This remedy is more commonly used for non-monetary court orders, but it is available in egregious non-compliance situations.
What If the Debtor Has No Money?
If the debtor genuinely has no assets — no bank account, no job, no property — the judgment is uncollectable now but does not disappear. It remains valid for 20 years and accrues interest. People’s financial situations change. You can return to enforcement at any time within that period when circumstances improve. The judgment also appears on the debtor’s credit record and as a public court record, which may motivate payment if they ever apply for a loan or try to sell property.
Practical Tips for Collecting from a Landlord
- Look up property ownership: Check NYC’s ACRIS (acris.nyc.gov) to find real property the landlord owns — your judgment becomes a lien when docketed in the county where the property is located
- Check HPD Online: hpdonline.nyc.gov shows the registered owner and managing agent — useful for identifying who to name and where to serve enforcement documents
- Most landlords pay rather than fight: The appearance of a judgment lien on their properties and the enforcement machinery being in motion creates strong motivation to settle quickly
Free Help
- NYC Small Claims Court Self-Help: nyc.gov/courts — enforcement forms and guides
- NYC Marshal Directory: nyc.gov/marshallist
- NYLAG Hotline: (212) 613-5000 — limited advice on judgment enforcement
Frequently Asked Questions
I won in Small Claims Court but my landlord hasn’t paid. How long do I have?
You have 20 years from the date the judgment was entered to enforce it. The judgment accrues interest during that period. Start enforcement promptly — do not wait years hoping the debtor will voluntarily pay.
How do I find out what bank my landlord uses?
Serve an Information Subpoena on the debtor requiring them to identify their bank accounts. If they don’t respond, you can seek a court order compelling compliance. You can also serve Information Subpoenas on banks directly if you have reason to believe they hold accounts — the bank must confirm or deny the account’s existence.
Can I garnish my landlord’s rent income from other tenants?
Potentially. Rent income is a receivable — you can serve a restraining notice on a tenant who pays rent to the judgment debtor landlord, directing them to pay you instead. This is legally complex and practically challenging. Consult NYLAG or a civil attorney for guidance on this approach.
My landlord is an LLC. Can I still collect?
Yes. Judgment enforcement against an LLC follows the same process — you target the LLC’s bank accounts, property, and other assets. If the LLC has no assets but was used as a shell to evade liability, you may have a claim to “pierce the corporate veil” — consult a civil attorney about this more complex option.
