Winning a lawsuit in New York is a major success, but many creditors quickly realize that getting a judgment is only half the battle. Turning that judgment into real money can be complicated—and filled with pitfalls. From missing key deadlines to using the wrong collection methods, even small mistakes can cause big setbacks.
Many creditors face the same challenges when enforcing a judgment. Understanding what to avoid can make the difference between getting paid and watching your rights expire.
Mistake #1: Waiting Too Long to Enforce the Judgment
One of the most common mistakes creditors make is simply waiting too long. In New York, a judgment remains valid and enforceable for 20 years, but that doesn’t mean you should delay action.
The longer you wait, the harder it becomes to find the debtor’s assets. People move, switch jobs, or hide property. Even though the law gives you time, acting early greatly increases your chances of collecting.
An experienced judgment enforcement attorney can help you take timely action—whether that means placing liens on property, levying bank accounts, or garnishing wages—so your judgment doesn’t just sit on paper.
Mistake #2: Failing to Locate the Debtor’s Assets
You can’t collect what you can’t find. Some creditors assume they know where the debtor banks or works, only to find those details are outdated or incomplete. Locating assets takes time and often requires legal tools, such as information subpoenas or examinations under oath.
In New York, you can legally demand information from the debtor—or even from third parties like banks or employers—to discover assets that might satisfy your judgment.
Professional assistance is often key. Firms like Warner & Scheuerman use these investigative tools to identify hidden or overlooked assets, from real estate and bank accounts to vehicles and business interests. With accurate information, creditors can pursue collection efficiently and lawfully.
Mistake #3: Ignoring the Rules Around Property Liens
Placing a lien on real property is one of the strongest ways to secure payment on a judgment, but many creditors forget that liens have expiration dates. In New York, a lien on real property lasts 10 years and must be renewed before that period ends.
Failing to renew the lien in time means losing your legal claim to the property, even if the judgment itself is still valid for another decade.
Tracking lien expiration dates and handling renewals promptly ensures your rights remain protected and your lien continues to work in your favor.
Mistake #4: Overlooking Exempt Assets
Not all assets can be taken to satisfy a judgment. Certain funds—like Social Security benefits, unemployment payments, child support, and some pensions—are exempt under New York law. Attempting to levy or seize these protected funds can create unnecessary complications and even legal penalties.
Before taking action, it’s essential to confirm which assets are fair game. A knowledgeable attorney can distinguish exempt assets from those available for collection, ensuring every action complies with state and federal law.
Mistake #5: Trying to Handle Complex Collections Alone
While some creditors attempt to enforce judgments on their own, the process can quickly become overwhelming. Each step—whether filing a property lien, serving a bank levy, or locating hidden assets—must be done precisely according to New York law. One missed step can delay collection or invalidate your efforts entirely.
That’s why working with experienced legal counsel can make a real difference. Warner & Scheuerman helps creditors across New York manage every part of the enforcement process, from asset discovery to final collection, while avoiding the mistakes that can derail recovery efforts.
Mistake #6: Forgetting to Renew or Monitor Judgments
Even though a New York judgment is valid for 20 years, it still requires attention. You need to monitor payment progress, track interest, and ensure liens or executions are renewed as needed. Many creditors mistakenly assume a judgment doesn’t need maintenance—until it’s too late.
Having an enforcement plan in place and periodic reviews can help you stay on top of deadlines and keep your rights active.
Mistake #7: Giving Up Too Soon
Some debtors don’t have the means to pay right away, but that doesn’t mean you’ll never collect. Circumstances change—people find new jobs, inherit property, or refinance their homes. Because New York judgments last 20 years, patience often pays off.
Even if you can’t collect immediately, it’s important to secure your position now with liens or other legal claims. That way, when the debtor’s financial situation improves, you’ll be first in line to collect.
Final Thoughts
Winning in court is only the first step—collecting your money requires knowledge, persistence, and careful timing. Many creditors lose valuable opportunities simply by waiting too long or missing key legal steps.
If you have an unpaid judgment in New York, Warner & Scheuerman can help you navigate the collection process, locate assets, and enforce your rights effectively. With the right strategy and professional guidance, your hard-earned judgment can turn into a successful financial recovery.