How to Enforce a Judgment in New York and New Jersey
Winning a lawsuit is only half the battle. A court judgment does not automatically result in payment. If the losing party does not voluntarily pay, the judgment creditor must take affirmative steps to enforce the judgment.
New York and New Jersey each provide powerful—but highly procedural—tools for judgment enforcement. This article provides a practical overview of how judgment enforcement works in both states, common enforcement mechanisms, and strategic considerations that can make the difference between a paper victory and actual recovery.
Step One: Understand What a Judgment Gives You
A judgment is a court order declaring that one party owes a specific sum of money to another. Once entered, a judgment typically allows the creditor to:
Accrue statutory post-judgment interest
Restrain or levy bank accounts
Garnish wages (subject to statutory limits)
Execute against personal or real property
Conduct post-judgment discovery to locate assets
However, judgments do not enforce themselves. Each enforcement action must comply strictly with state law and procedural rules.
Enforcing a Judgment in New York
Judgment enforcement in New York is governed primarily by Article 52 of the CPLR.
1. Docketing the Judgment
Before enforcement can begin, the judgment must be properly entered and docketed with the county clerk. Docketing is critical—especially if you intend to pursue liens against real property.
Once docketed, a New York judgment is enforceable for 20 years, with interest accruing at the statutory rate (currently 9% per annum, subject to statutory exceptions).
2. Asset Discovery (Post-Judgment Disclosure)
If the judgment debtor does not pay voluntarily, the creditor may compel disclosure of assets, including:
Bank accounts
Income sources
Real estate holdings
Business interests
This can be done through information subpoenas, deposition subpoenas, or court-ordered examinations.
3. Bank Restraints and Levies
One of the most effective enforcement tools in New York is the bank restraint.
A properly served restraining notice freezes the debtor’s bank account(s) up to the amount of the judgment. After the restraint period, the creditor may issue an execution to the sheriff to levy the funds.
Strict compliance is required, including exemptions for certain protected funds.
4. Wage Garnishment (Income Execution)
New York permits wage garnishment through an income execution, typically capped at 10% of gross income, subject to statutory thresholds and exemptions.
The process involves notice to the debtor, an opportunity to object, and service on the employer if payment is not made voluntarily.
5. Liens and Property Execution
A docketed judgment becomes a lien on real property owned by the debtor in the county of docketing. Personal property may also be seized and sold by the sheriff pursuant to an execution.
Enforcing a Judgment in New Jersey
New Jersey judgment enforcement is governed by New Jersey Court Rules, particularly Rule 4:59.
1. Entry and Docketing of Judgment
Once entered, a New Jersey judgment becomes enforceable statewide when properly docketed. A judgment lien may attach to real property owned by the debtor in New Jersey.
Judgments in New Jersey are generally enforceable for 20 years, with statutory interest accruing.
2. Post-Judgment Discovery
New Jersey allows broad post-judgment discovery, including:
Written interrogatories
Document demands
Depositions of the judgment debtor
Courts may compel compliance and impose sanctions for non-cooperation.
3. Levies on Bank Accounts
A writ of execution allows the county sheriff to levy bank accounts held by the debtor. Unlike New York’s automatic restraint mechanism, New Jersey enforcement typically proceeds directly through the sheriff.
Timing, service, and coordination with the sheriff’s office are critical.
4. Wage Garnishment
New Jersey permits wage garnishment, generally capped at 10% of disposable earnings, subject to federal and state exemptions.
The process requires service on both the debtor and employer and may involve court oversight.
5. Real and Personal Property Execution
Judgment creditors may execute against real estate or personal property, including business assets. Sales are conducted by the sheriff and subject to strict notice and procedural requirements.
Enforcing an Out-of-State Judgment (Domestication)
If your judgment was entered in another state, it must be domesticated before enforcement.
Both New York and New Jersey have adopted versions of the Uniform Enforcement of Foreign Judgments Act, which allows a streamlined process to recognize and enforce sister-state judgments.
Once domesticated, the judgment is enforced as if originally entered in that state.
Strategic Considerations That Matter
Judgment enforcement is not purely mechanical. Strategy matters.
Key considerations include:
Asset location: Where are the debtor’s bank accounts, income, or property?
Timing: Speed often determines success, especially with liquid assets.
Cost-benefit analysis: Enforcement costs should be weighed against likely recovery.
Debtor sophistication: Business entities and individuals present different challenges.
Multi-state exposure: Coordination across jurisdictions may be necessary.
A poorly executed enforcement attempt can alert the debtor and allow assets to disappear.
How Good Pine P.C. Helps
At Good Pine P.C., we represent judgment creditors in New York and New Jersey at every stage of enforcement, including:
Strategic asset investigations
Bank restraints and executions
Wage garnishments
Sheriff-led levies and sales
Domestication and multi-state enforcement
Enforcement-related motions and court proceedings
We approach judgment enforcement with the same rigor as litigation—because a judgment has no value unless it is collected.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Judgment enforcement is highly fact-specific and governed by strict procedural rules. Reading this article does not create an attorney-client relationship. You should consult with a qualified attorney regarding your specific situation.
