Winning a lawsuit in New York is often a long, exhausting process. After months—or even years—of gathering evidence, negotiating, filing motions, and finally going to court, receiving a judgment in your favor should feel like the finish line. Unfortunately, for many people, it’s only the beginning of another uphill battle. Across New York, an estimated 75 percent of civil judgments go uncollected, leaving individuals and businesses frustrated, financially strained, and unsure of what to do next.
So, why does this happen? And what can judgment creditors do to improve their chances of recovering what they’re owed? Below are the most common reasons judgments go unpaid—and how working with experienced attorneys like Warner & Scheuerman can make a meaningful difference.
1. A Judgment Doesn’t Automatically Guarantee Payment
Many people are surprised to learn that winning a judgment is not the same as getting paid. A court judgment confirms that someone legally owes you money, but the court does not automatically collect the debt on your behalf. Collection is a separate, often complex process, and judgment debtors are not always willing—or able—to pay voluntarily.
Without proactive enforcement, many judgments simply sit untouched until they expire. In New York, judgments are enforceable for 20 years, but that doesn’t mean creditors get paid without effort.
2. Debtors Hide or Transfer Assets
A major reason so many judgments go uncollected is that debtors sometimes take steps to hide assets, making it harder for creditors to find anything worth seizing. This can include:
- Moving money between bank accounts
- Putting assets in a spouse’s or relative’s name
- Working “off the books”
- Transferring property to avoid liens
While many of these tactics are illegal, they still happen—especially when a debtor is determined to avoid payment. Tracing hidden assets often requires subpoenas, investigative tools, and legal experience that most individuals do not have on their own.
3. The Debtor Truly Cannot Pay
Not all unpaid judgments result from avoidance. In many cases, the debtor simply does not have the funds. Someone who is unemployed, underemployed, or burdened by debt may genuinely lack the income or assets to satisfy a judgment.
In New York, certain assets and income sources are protected from collection, such as:
- Social Security benefits
- Disability payments
- Some pension funds
- Basic household goods
If the debtor’s only sources of income are exempt, immediate collection may be impossible—though future earnings or assets might become collectible later.
4. Creditors Don’t Know Their Enforcement Options
Another reason judgments go unpaid is that many creditors are unaware of the full range of legal tools available for collection. In New York, creditors can use several enforcement mechanisms, including:
- Bank account restraints
- Wage garnishments
- Property liens
- Income executions
- Information subpoenas
But these tools must be used correctly and strategically. Without legal guidance, creditors often miss opportunities to enforce payment effectively.
5. Debtors Move Out of State
Collecting from someone who relocates outside New York becomes more complicated. While judgments can be “domesticated” in other states, doing so requires additional paperwork, fees, and legal steps. Many creditors aren’t prepared for the extra effort and simply abandon the process.
Experienced judgment-collection attorneys can handle interstate collection and coordinate with out-of-state courts and enforcement agencies, increasing the likelihood of success.
6. Poor Documentation or Procedural Mistakes
Even a small paperwork error can delay or prevent collection. Mistakes such as missing debtor information, incorrect names, or incomplete financial records can create obstacles. New York’s enforcement procedures are detailed, and any oversight can slow down the process significantly.
Law firms like Warner & Scheuerman help ensure that all documentation, filings, and enforcement actions comply with New York law so creditors don’t lose valuable time or opportunities.
7. Creditors Wait Too Long to Start Collection
Some creditors delay enforcement because they assume the debtor will pay voluntarily. Others are simply unsure where to begin. But time works against creditors:
- Debtors can liquidate assets
- Bank accounts may be emptied
- Employers may change
- Debtors may switch residences
The sooner enforcement begins, the higher the chance of recovery. Even though New York judgments are valid for two decades, early action is the key to collecting before assets disappear.
How Warner & Scheuerman Can Help Judgment Creditors in New York
Given that 75% of judgments go uncollected, having an experienced legal team can make a critical difference. Warner & Scheuerman has extensive experience locating assets, enforcing judgments, and navigating New York’s complex collection laws. Their team can:
- Identify hidden or transferred assets
- Conduct debtor examinations
- Restrain bank accounts
- Garnish wages when possible
- File property liens
- Domesticate judgments in other states
- Implement long-term collection strategies
For many creditors, partnering with seasoned attorneys is the difference between getting paid and watching a judgment expire without results.
Final Thoughts
Winning a judgment in New York is only half the battle. With so many judgments going uncollected, it’s essential to understand the challenges and seek professional guidance. Whether the debtor is hiding assets, claims to be unable to pay, or simply refuses to cooperate, working with Warner & Scheuerman can significantly increase the likelihood of successful recovery.
If you want to turn your judgment into real, recoverable money, taking strategic action is the first step—and the right legal support can make all the difference.