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Small claims court · How to

You won in small claims court in New York but weren't paid: how to collect

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Winning doesn't mean the court collects for you — you do. Start by asking the debtor in writing to pay. If they don't, the small claims clerk can issue information subpoenas at nominal cost to find their bank, employer and property, and an enforcement officer (a sheriff or, in New York City, a city marshal) can garnish wages, levy bank accounts and seize property. A judgment generally earns interest and can be enforced for up to 20 years. A business with other unpaid small claims judgments can face an action for three times the amount.

Read on for the details, the exceptions and the sources.

In plain words

Judgment creditor / debtor
The creditor is the winner who is owed money; the debtor is the one who owes it.
Information subpoena
Written questions the debtor, their bank or employer must answer under oath to help you find money to collect.
Restraining notice
A notice that freezes the debtor's money held by someone else, such as a bank, up to twice the amount owed.
Execution
A court paper telling a sheriff or marshal to collect from the debtor's property or wages.

Where to go

Go back to the small claims clerk of the court that gave you the judgment. The clerk must, on request, issue information subpoenas at nominal cost and help you prepare and use them (§ 1812(d) of each court act). For seizing property or taking wages, you work with an enforcement officer — the county sheriff, or in New York City a city marshal — who acts on an execution (CPLR § 5230, § 5231). The court system's small claims pages explain the forms.

What documents you need

  • Your notice of judgment, or a transcript of the judgment from the clerk.
  • Any information about the debtor: home and business address, employer, bank, car, real property.
  • Copies of letters asking the debtor to pay.
  • The debtor's answers to information subpoenas, once you have them.

Fees and costs

Information subpoenas from the small claims clerk cost a nominal amount (§ 1812(d)). Sheriffs and marshals charge fees for their work; ask them for the current fees, and ask whether those fees are added to what the debtor owes. Filing a judgment with the county clerk to create a lien on real property can also involve a fee — check with the clerk.

Deadlines

  • The debtor has 30 days after receiving the notice of judgment to pay (§ 1811(b)). After that, you can start collection.
  • A money judgment is presumed paid after 20 years (CPLR § 211(b)), so you have a long time — but money is easier to find early.
  • A judgment docketed with the county clerk is a lien on the debtor's real property in that county until ten years after the judgment-roll is filed (CPLR § 5203(a)); ask the clerk about extending it if needed.
  • Someone answering an information subpoena must return answers within seven days of receiving it (CPLR § 5224(a)).

Step by step

  1. Ask for payment in writing

    Send a copy of the judgment and ask for payment by a set date. Many debtors pay once they see the court's notice of what can happen (§ 1811(a)).

  2. Find the money

    Get information subpoenas from the clerk and send them to the debtor and, if you reasonably believe they have information, to their bank or employer (CPLR § 5224).

  3. Freeze a bank account

    A restraining notice can freeze the debtor's account (CPLR § 5222). Certain money, such as Social Security, SSI, public assistance and unemployment benefits, may be exempt from collection (the notice lists them).

  4. Use a sheriff or marshal

    Give the officer an execution to levy a bank account or seize property, or an income execution to take part of the debtor's wages — generally no more than 10% of the debtor's income, with further limits that protect lower earners (CPLR § 5230, § 5231(b)).

  5. Use the extra small claims tools

    If the debt arose from a licensed business, you can notify the licensing agency; if from a car accident involving the debtor's vehicle, the notice of judgment warns that license and registration suspension may follow (§ 1811(a)).

  6. Consider a triple-damages action

    If the judgment came from the debtor's business or a repeated course of conduct, there are at least two other unpaid small claims judgments against them, and they haven't paid within 30 days after notice, you may sue for three times the judgment plus reasonable lawyer's fees (§ 1812(a)–(b)).

What happens next

When the debtor pays, they should give proof to the court so the judgment is marked satisfied (§ 1811(d)). If you're paid in full, you must file a satisfaction-piece; for a judgment under $5,000, failing to do so within 20 days after full payment can cost you a $100 penalty (CPLR § 5020(c)).

Interest generally runs on a judgment at 9% a year, but at 2% a year in actions on consumer debt against an individual (CPLR § 5004). If a business was sued in a name other than its true name and leaves the judgment unpaid for 35 days after notice, you may bring a new action for the judgment, costs, reasonable attorney's fees and $100 (§ 1813(a)).

Frequently asked questions

Will the court collect the money for me?

No. The court enters the judgment and the clerk helps with information subpoenas (§ 1812(d)), but collecting is up to you, usually with a sheriff or city marshal.

The debtor says they have no money. Can they still be made to pay triple?

Not if they truly couldn't pay: in a triple-damages action under § 1812, it's a defense that the debtor didn't have the resources to pay within 30 days after notice of the judgment.

Can I take the debtor's whole paycheck?

No. An income execution is limited — generally to 10% of the debtor's income, and no more than 25% of disposable earnings, with nothing taken from very low weekly earnings (CPLR § 5231(b)).

How long is my judgment good for?

A money judgment is presumed paid after 20 years (CPLR § 211(b)). A lien on real property generally runs until ten years after the judgment-roll is filed (CPLR § 5203(a)).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.