Winning a lawsuit is an important step toward resolving a legal dispute, but it doesn’t always mean the matter is over. If the losing party fails to pay, you may need to take further legal action. This process is called judgment enforcement, and it ensures that you receive the money awarded to you by the court.
Whether the judgment is against an individual or a business, enforcing it requires following certain legal procedures. In most cases, you’ll need the help of a marshal or similar officer to carry out these actions.
This guide explains how to enforce a judgment, the role of a marshal, and how a judgment may affect a debtor’s credit.
The enforcement of a judgment refers to the legal process of collecting a monetary award that has been ordered by a court. After winning a case, the court will issue a judgment that says the other party owes you money. However, courts do not collect payments on your behalf. In New York, the post-judgment recovery process is strictly governed by CPLR Article 52. This statute provides the legal framework that allows a creditor to turn a court-ordered judgment into actual cash flow
As the judgment creditor, it becomes your responsibility to use available legal tools to collect the debt. These tools may include:
To carry out these actions, you usually need a marshal or sheriff. These officers are authorized to serve court documents and enforce orders, making them essential to the enforcement process.
To begin enforcement, gather as much information as possible about the debtor’s finances. The more details you have, the more effective your strategy will be.
This information helps you and your marshal locate the debtor’s assets and take action within the law.
If you do not have the debtor's banking information, we use CPLR § 5224 Information Subpoenas. These are legal documents served on the debtor or third parties (like their customers or payment processors) that require them to disclose assets under oath. This is often the 'missing link' that enables a successful bank levy.
There are two main types of execution used to collect a judgment: income execution and property execution.
This method allows you to collect money from the debtor’s wages. If the debtor works for an employer, you can request that a marshal serve a wage garnishment order. The employer is then legally required to withhold a portion of the debtor’s paycheck, usually up to 10%, and send it through the marshal.
This method targets the debtor’s assets, such as bank accounts or real estate.
With a property execution, a marshal serves the debtor’s bank with a legal form (often the Blumberg T-120) that orders the bank to freeze the account.
Important 2026 Compliance Note: We utilize CPLR § 5222 Restraining Notices to immediately freeze funds. However, in 2026, all bank executions must comply with the Exempt Income Protection Act (EIPA). This law automatically protects a minimum balance (based on the state minimum wage) to cover the debtor's basic needs. For 2026, this protected amount in New York City is $3,960. Attempting to freeze funds below this threshold can expose a creditor to legal liability.
You can also file a copy of the judgment with the local county clerk. This creates a lien on any property the debtor owns. The lien must be paid before the property can be sold or refinanced.
This method does not result in immediate payment, but it secures your position as a creditor in the future.
Here is a general process for enforcing a judgment:
Send a certified letter with a copy of the judgment. Some states require a Notice of Entry, which includes the date the judgment was officially entered. Proof of mailing is often needed before enforcement actions can proceed.
Submit the completed forms to the court. After reviewing your request, the court may approve and issue the required documents.
Once approved, engage a marshal to carry out the enforcement:
The marshal plays a vital role in ensuring that enforcement is carried out correctly. Without their involvement, you may not be able to reach the debtor’s assets.
If the debtor’s assets are located in another state, a turnover order may be necessary. This order allows the enforcement of judgments across state lines and may still require a marshal’s help.
Freezing a bank account or garnishing wages often motivates a debtor to settle. You may be able to negotiate a lump-sum payment or a structured plan. Once collected, the marshal will take their fee and send the remaining funds to you.
If the judgment was issued in one state but the debtor’s assets are elsewhere, you will need to domesticate the judgment in the state where the assets are located. This process includes registering the judgment with a new court and following local enforcement rules.
Courts may reject your enforcement request if documents are incomplete, forms are outdated, or proof of mailing is missing. Ensure that all paperwork is correct and submitted properly.
While marshals assist with physical enforcement, they do not offer legal advice. An attorney can help with paperwork, cross-state enforcement, and communicating with the marshal or sheriff.
From a debtor’s perspective, a judgment can have serious credit consequences. Once a judgment is entered, it may appear on the debtor’s credit report. Although some credit bureaus have stopped reporting civil judgments in recent years, lenders, landlords, and other institutions may still access public court records.
Here are some potential effects:
Judgments can remain enforceable for several years and may be renewed depending on the state. This means even if a debtor tries to ignore the debt, enforcement can be attempted for a long time.
As of February 2026, the New York FAIR Business Practices Act has expanded the Attorney General’s authority to investigate "unfair" and "abusive" acts in debt collection. This new law specifically protects small businesses and non-profits, not just consumers. At David I. Mizrahi Law, P.C., we audit every enforcement action to ensure your aggressive recovery tactics don't trigger an AG investigation.
Enforcing a judgment is a necessary step to make sure a court decision leads to real payment. With the right information, legal documentation, and the assistance of a marshal, you can successfully pursue collection. From wage garnishments to property executions and bank levies, every step must follow legal procedures to avoid delays or rejection. Always consider consulting with a judgment attorney to ensure compliance with local laws and to coordinate with the marshal effectively.
Judgment enforcement is the legal process of collecting a court-ordered monetary award. It's important because the court does not collect the money for you, making it your responsibility to use legal means to ensure the debtor pays what is owed.
You need to gather detailed financial information about the debtor. This includes their legal name, address, employer details, and bank account information, which will help you and a marshal locate their assets.
The key methods are income execution, which involves garnishing a portion of the debtor's wages, and property execution, which allows you to target assets like bank accounts through a levy or place a lien on their real estate.
A marshal or sheriff is a court officer who serves legal documents and physically carries out the enforcement actions. They are crucial for tasks like freezing bank accounts, garnishing wages, and collecting the funds on your behalf.
Yes, but you must first "domesticate" the judgment by registering it with a court in the state where the debtor's assets are located. This step makes the judgment legally enforceable in that new jurisdiction.
Yes. By serving a CPLR § 5222 Restraining Notice on a bank where we suspect the debtor has an account, the bank is legally required to freeze all accounts associated with that debtor's Tax ID or Social Security number, up to double the judgment amount (subject to EIPA exemptions).
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