New York Judgment: Types, Records, Duration, and What to Expect
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Table of Contents
A judgment is a formal decision made by a court of law in a case. In New York, judgments are used to resolve cases involving property, family law, and criminal restitution. A recorded judgment is legally binding and can cause a lien, garnishment, or poor credit.
What Is a Judgment in New York?
A judgment, according to New York Civil Practice Law and Rules § 5011, is the legal determination of the parties’ rights in a court case. Once it is entered, a judgment has full authority of law and can be enforced by a levy, garnishment, or lien.
For example, a judgment can be used by a creditor to collect unpaid debt or by a Family Court to set obligations for child support or spousal maintenance. In New York, judgments can have lasting financial effects unless they are paid in full or their term expires.
Types of Judgments in New York
New York courts issue various kinds of judgments, which include:
1. Money Judgment (CPLR §§ 5016, 5201)
Under New York law, this is a court-ordered document that requires one party to pay a specific amount of money to another. It allows the winning party to use legal means to collect the debts.
2. Default Judgment (CPLR § 3215)
This is a legal decision made by a court when a defendant fails to respond to a summons or appear for a scheduled court date. In this situation, the defendant’s inaction is considered an action that the claim is true.
3. Summary Judgment (CPLR § 3212)
In New York, a court can issue a summary judgment to resolve a case without a trial. This happens when there is no dispute over the facts, and one party is entitled to win.
4. Declaratory Judgment (CPLR § 3001)
A court can issue a declaratory judgment to define the legal rights and duties of the parties in a conflict. This type of judgment does not order anyone to pay or perform certain actions.
5. Confession of Judgment (CPLR § 3218)
This is a legal document where a party agrees to have a judgment entered against them without a lawsuit. If the debtor fails to make a payment when due, the creditor can get a court ruling without a formal trial.
How to Search for Judgments in New York
As public records, New York judgments are available from several sources, such as:
- County Clerk Offices – Each county clerk maintains judgment records that can be searched in person. For a fee, anyone can also obtain certified copies of these records.
- New York State Unified Court System eCourts: Through the eCourts portal, users can find online records for many civil, family, and criminal cases. These records, which include judgments, can be searched by case number, a party’s name, or an attorney’es name.
- Third-Party Services – While third-party platforms may collect nationwide judgment records, the most accurate and reliable information is found through official sources.
The information found in judgment records usually includes:
- Final court ruling
- Names of the parties
- Case number
- Date of judgment
- Amount owed
Judgment Records in Major New York Counties
Due to the presence of large urban centers in New York, access to judgment records differs on a county-by-county basis:
- New York City (New York, Kings, Queens, Bronx, and Richmond Counties): The five boroughs maintain judgment records through their county clerk offices and the eCourts portal.
- Albany County: The County Clerk’s office and the eCourts portal both provide access to judgment records in Albany County.
- Buffalo (Erie County): To search for judgment records in Erie County, one can use the County Clerk’s office or the eCourts portal.
How Long Does a Judgment Last in New York?
Under the New York Civil Practice Law and Rules § 211b, a money judgment is valid and enforceable for 20 years from the date of entry. Nevertheless, a judgment lien on real property is effective for an initial period of 10 years in accordance with CPLR § 5203.
Moreover, the long-term nature of a judgment gives creditors a significant amount of time to collect the judgment, while debtors may face restrictions should the debt not be paid.
What Happens After a Judgment Is Entered in New York?
Following a judgment, debtors face legal and financial obligations as creditors are granted the necessary enforcement rights.
For Creditors:
- Wage Garnishment: To satisfy a judgment, a creditor may secure a court order that directs an employer to deduct a specific portion of a debtor's earnings.
- Judgment Liens: A lien may be filed against a debtor’s real estate, which serves to block its transfer until the debt is paid.
- Bank Levies: A debtor’s bank account may be subject to seizure once a creditor has obtained a court order to claim funds held within the account.
For Debtors:
- Credit Reporting: The presence of a judgment on a credit report can harm an individual’s financial standing and restrict their ability to secure loans.
- Satisfaction of Judgment: When a debt is paid in full, the creditor must inform the court by filing a satisfaction of judgment, which ends the debtor’s obligation.
- Appeals or Motions to Vacate: A debtor who has been unjustly subject to a default judgment has the option to file a motion with the court to have the ruling vacated.