Attorney Advertising
Guides

How to Collect a Small Claims Judgment in New York

Winning is half the battle. Here's how you actually get paid. (General information, not legal advice.)

HomeGuides › How to Collect a Small Claims Judgment in New York
Banksy can draft this for you — free. Tell him what happened and get your letter in minutes. Start free →

A judgment is just paper until you enforce it, and many never get collected because people don't know the tools. The good news: a New York money judgment is enforceable for 20 years.

Step 1 — Find the assets

Once you have a judgment, you can serve an information subpoena (CPLR 5224): written questions a bank, employer, or the debtor must answer under oath about where the money is.

Step 2 — Go after wages

An income execution (CPLR 5231) can capture up to 10% of the debtor's gross wages, within statutory limits. It's served first on the debtor, then on the employer.

Step 3 — Freeze and take bank accounts

A restraining notice (CPLR 5222) freezes the debtor's accounts, and a levy through a New York City marshal or county sheriff (CPLR 5232) collects the funds, subject to exemptions that protect things like Social Security.

Step 4 — Reach property

Docketing the judgment can create a lien on the debtor's real property in that county.

When to bring in an attorney

Enforcement is procedural and easy to get wrong. For New York matters, the Law Office of Derek J. Soltis can run the asset search and enforcement, typically on contingency.

FAQ

How long do I have to collect a judgment in New York?

A New York money judgment is enforceable for 20 years, and the lien on real property lasts 10 years (renewable).

Can I garnish the debtor's wages?

Yes. An income execution can take up to 10% of gross wages, subject to statutory limits and exemptions.

What if I don't know where they bank or work?

Use an information subpoena. It legally compels banks, employers, and the debtor to disclose asset information after you have a judgment.

Ready to get your money? Ask Banksy for your free letter → Want it on a law firm's letterhead? A New York attorney can review & send it for $99, or take the whole collection on contingency.