Enforcing Judgments: Overview (NY)

by Practical Law Litigation

A Practice Note providing a detailed overview of the enforcement of money judgments in New York. This Note explores the steps necessary for judgment creditors to enforce judgments against debtors, including domesticating foreign judgments, perfecting liens, utilizing charging orders and installment payment orders, and conducting discovery to locate debtor assets. It outlines various enforcement mechanisms available under New York law, such as execution, turnover proceedings, and garnishment. The Note also discusses the importance of confirming the enforceability of judgments, considering pre-enforcement actions, and choosing appropriate enforcement measures. The Note highlights the role of receivers and the use of contempt sanctions in enforcement proceedings. By examining these elements, this Note serves as a vital resource for understanding the complexities involved in enforcing judgments within New York's legal framework.