How to collect your judgment from your landlord

If you won a judgment from your landlord, that means a court decided and you received a document that says your landlord has to pay you money. The judgment will say how much money they must pay. 

For example: Your security deposit is $1,000. At the end of your lease, your landlord keeps $1,000. Your landlord tells you it is for unpaid rent. You sued your landlord in Small Claims Court because you paid your rent. The court found that you are telling the truth. They gave you a judgment of $1,000. Your landlord must pay you $1,000.

Your landlord has 30 days to pay or to appeal the judgment. An appeal asks a higher court to review the case. If your landlord does not pay you or appeal after 30 days, you can take steps to collect your judgment

How to collect your judgment

Start by contacting your landlord or their attorney and requesting payment of the judgment. If your landlord won’t pay you, you’ll need to take action to collect the money. The court doesn’t do this for you, so here’s what you can do:

1. Try to Find Their Assets

You’ll need to figure out what money or property your landlord has. You can:

• Search online or make phone calls.
• Look at old checks to find their bank.
• Contact the New York DMV to find out if they own a car.
• Visit the County Clerk’s Office to see if they own land or a home.
• Hire an asset search company (found online) if you need help.

2. Get Forms from the Court Clerk

Ask the Court Clerk at the court where your case was decided. Many courts have the forms and instructions on where to file them. Ask for these forms:

• Information Subpoena: This form helps you locate your landlord’s assets. The Court Clerk signs it and you serve the form to your landlord. Your landlord must answer the questions about their income and property.  More information on Information Subpoenas
• Income Execution: Find out where your landlord works. Then ask the Court Clerk or a law enforcement officer (such as a sheriff or marshal) for an "Income Execution." With an Income Execution form you collect up to 10% of your landlord’s gross wages from their employer. More information about an Income Execution
• Personal Property Execution: If you know your landlord owns personal property, such as bank accounts, vehicles, or other valuables, ask the Court Clerk to give you a Personal Property Execution form. Then give the Personal Property Execution to the sheriff or marshal. They will take and sell the property to pay your judgment. More information about a Personal Property Execution
• Transcript of Judgment / Real Property Lien: If your landlord owns real estate property, like a house or land, , ask the Court Clerk for a Transcript of Judgment. File it with the County Clerk’s Office where the property is located. This is a "lien," and it means your landlord must pay the judgment before they can sell the property. More information about a Transcript of Judgment

Using more than one method may increase your chances of successfully collecting the judgment.