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Post-Judgment & other "after court" FAQ

What is a judgment?

A judgment is the determination by a judge or arbitrator after a hearing or trial.
A judgment is generally for an amount of money. However, a judgment may also include a warrant of eviction, an order to perform a specific task, or it may be a judgment dismissing the matter.
Usually "having a judgment against you" means a money judgment from a court has been filed with the County Clerk.

What is default judgment?

A default judgment is ordered by the court if the defendant does not appear for trial.
A default judgment may also be entered by the clerk if the defendant fails to answer a summons.
A default judgment is fully enforceable and has the same effect as a judgment after trial.

I won a judgment! How do I collect it?

The court clerk will not satisfy your judgment.
You may contact the party you won the judgment against and request payment.
If they are unwilling to pay, you may contact the District Court Clerk's office for enforcement options (see below).

How do I enforce a judgment?

You may request a transcript of your judgment from the clerk for a fee.
The transcript of judgment must be filed with the Suffolk County Clerk's Office. There is a filing fee .
You may contact the Suffolk County Clerk's Office at 631 852-2041 for information on how to obtain an Income Execution Form or a Property Execution Form, which you will file with the Suffolk County Sheriff's Department. The Sheriff will attempt to enforce the judgment based on the assets you of which you have made the Sheriff aware. Contact the Civil Bureau of the Enforcement Division of the Sheriff's Department at 631 852-8000 during regular business hours. The Civil Bureau is located at 112 Old Country Rd in Westhampton NY 11977.
An Information Subpoena is used to discover the assets of a judgment debtor. An Information Subpoena is generally prepared by an attorney, though a self-represented or pro se litigant may obtain assistance from the clerk of the court where the judgment is entered in obtaining an information subpoena without the assistance of an attorney. Court fees are charged for this assistance.
Additional enforcement options exist, however, an attorney is generally required due to the complicated nature of the process.

I just found out that I have a judgment against me. I did not know that I was being sued. What do I do?

If you feel that you do not owe all or part of the judgment, you must contact the court which issued the judgment. To place the case back on the court's calendar (and contest the judgment in court) you must file an Order to Show Cause to vacate Landlord & Tenant judgment or a Order to Show Cause to vacate a civil judgment .
If you feel that you owe the amount of the judgment, you should contact the attorney for the plaintiff to make arrangements to pay the judgment.

What is an Order to Show Cause?

An order to show cause is a method that a party may use to request that the court reopen their case, usually after a default judgment has been entered. A default judgment can be entered if a defendant fails to answer a summons, or fails to appear for trial or hearing.
This process temporarily stops the enforcement of a judgment and sets a time for the plaintiff to challenge the defendant's request to start over.
An order to show cause is commenced and answered in writing. If the court sets a new court date for trial, both sides will be notified by mail.
Forms to prepare an Order to Show Cause to vacate Landlord & Tenant judgment or a Order to Show Cause to vacate a civil judgment are available in the clerk's office where the judgment was entered.

Can I appeal?

You may appeal an order or judgment of the court to the Appellate Term of the Supreme Court, provided that the order or judgment was not obtained by default. The decision of an arbitrator cannot be appealed.
Notice of Appeal forms are available here or in the clerk's office where the judgment or order was entered.
The appeal must be served on the opposing side and filed with the clerk where the order or judgment was entered. A fee is required for filing the appeal.
An appeal can be a complicated process. There are specific time frames for completing the appeal prior to sending it to the Appellate Term. Additionally, the appeal may require oral argument before the Judges of the Appellate Term