Resolution · For the both

Collecting a Judgment in Kings County

Winning is only half the work. New York gives judgment creditors a strong toolkit, but each tool requires a step, and none of them run automatically. Judgment debtors have real protections too, including statutory exemptions that shield income and property necessary for living.

First steps after judgment

Enter the judgment and serve notice of entry. Docket it with the county clerk so it becomes a lien on real property the debtor owns in that county. Judgments are enforceable for many years and accrue statutory interest, so a debtor without assets today may still pay when they refinance, sell property, or come into money later.

Finding the assets

Information subpoenas with written questions can be served on the debtor and on third parties such as banks and employers, requiring answers under oath. Public records reveal real property and business filings. A debtor's own prior filings in the case — bank statements produced in discovery — often supply the account information needed to levy.

Restraints, levies and income executions

A restraining notice served on a bank freezes accounts up to the statutory multiple of the judgment. A marshal or sheriff can then levy and turn funds over. An income execution garnishes a capped percentage of wages above a protected floor. Each device has service requirements and fee structures — a marshal's fee is added to what the debtor owes.

Exemptions the debtor can assert

Social Security, SSI, veterans' benefits, unemployment, child support, public assistance and a statutory minimum of wages are exempt. Banks must protect a baseline amount where exempt payments are directly deposited. A debtor whose exempt funds are frozen can file an exemption claim form, and creditors who restrain plainly exempt funds risk paying costs.

Common questions

How long is a New York judgment good for?
Money judgments remain enforceable for many years and real property liens last for a defined statutory period, with renewal possible in some circumstances.
Can they garnish my whole paycheck?
No. Wage garnishment is capped by statute and protects income below a threshold.
What if the debtor has no assets?
Docket the judgment, monitor periodically, and re-run information subpoenas later. Circumstances change, and interest keeps accruing.

Have a matter in Kings County?

Tell us what happened and we will tell you where it belongs, what the deadline is, and what it will cost. We respond within the hour during business hours.

Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.