Suffolk County District Courts Suffolk District Post-Judgment Frequently Asked Questions (FAQ)

You may appeal a court order or judgment as long as it is not a default judgment.

If an arbitrator makes a decision or award, that arbitrator’s decision cannot be appealed. However, you may ask for a new trial, called a “trial de novo,” before a judge. This gives you another opportunity to have your case heard and considered.

A default judgment cannot be appealed. If you are in default, you may ask the court to reopen your case by filing an Order to Show Cause. This is a request asking the court to restore the case.

How to Start an Appeal

To start an appeal, you may follow these steps:

1. Prepare the Notice of Appeal and Request for Appellate Term Action forms.
2. Serve the Notice of Appeal on the other party. This means you must formally deliver a copy to the other party.
3. File the same Notice of Appeal and Request for Appellate Term Action with the Court Clerk in the court where the order or judgment was made.
4. Include proof that the Notice of Appeal was served on the other party.

A filing fee is required for Civil, Landlord-Tenant, Small Claim, or Commercial Small Claim cases.

What to Expect After Filing an Appeal

After you file an appeal, there are several steps and important deadlines before your case is sent to the Appellate Term. You will need to follow each step carefully and submit all required documents on time so your appeal can move forward.

In some cases, the judges of the Appellate Term may schedule an oral argument. At oral argument, you or your attorney would explain your position in person to the judges.

To help protect your rights and better understand the appeal process, the Court Clerk encourages you to consult with or hire an attorney. Court staff may share information but cannot give legal advice. An attorney may give you legal advice so you feel informed, supported, and more confident about your next steps.

You can ask the Court Clerk for a document called a Transcript of Judgment. There is a fee for this document. Once you receive it, file the sealed Transcript of Judgment with the Suffolk County Clerk's Office. The Suffolk County Clerk's Office will also charge a filing fee.

You have two main options to help enforce your judgment through the Sheriff’s Office: Property Execution and Income Execution. You can choose to start either one or both of these options when you file your Transcript of Judgment with the County Clerk.

If you want to start a Property Execution or an Income Execution, contact the Suffolk County Clerk's Office at (631) 852-2000 ext. 800. Staff can explain how to get an Income Execution Form or a Property Execution Form.

After you get the form with the County Clerk, file the Execution Form with the Suffolk County Sheriff. To do this, contact the Civil Bureau, Enforcement Division, Office of the Sheriff at (631) 852-5600, or visit the office at 360 Yaphank Ave, Yaphank, NY 11980. The Sheriff will use the information and documents you provide to try to enforce your judgment.

Other enforcement options may be available to you. If you want to explore additional choices or need legal advice, consider contacting an attorney for guidance. 

If you believe that you do not owe all or part of the judgment, contact the court that issued the judgment. To ask the Judge to put your case back on the court’s calendar so you can challenge the judgment, use one of the following options:

• Tenant Vacate Default Judgment Program or 
• Vacate Default Judgment in a Consumer Debt Case.

These programs help you prepare an Order to Show Cause. This is the document you use to ask the Judge to review your judgment.

If you believe that you owe the amount of the judgment, contact the plaintiff’s attorney to make a plan to pay the judgment in a way that works for you.

After the court awards a judgment in your favor, you (the Judgment Creditor) may contact the person or party who owes you money (the Judgment Debtor) to request payment.

If the Judgment Debtor does not pay you voluntarily, you may take steps to enforce the judgment. 

The Court Clerk cannot collect the money for you or satisfy your judgment. However, court staff can provide information about available forms and general procedures to help you move forward.

If the defendant does not come to court for the trial, the court may order a default judgment against the defendant.

If the defendant does not file an answer after being served with a summons, the clerk may also enter a default judgment.

A default judgment is fully enforceable and has the same effect as a judgment made after a trial. This means you have the same rights to collect or enforce what the judgment orders.

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.

An Information Subpoena is a legal tool that helps you find out what assets a judgment debtor has. This can help you understand what money or property may be available to collect on your judgment.

An attorney usually prepares an Information Subpoena. If you do not have an attorney, you may ask the Court Clerk to issue an Information Subpoena for you. 

An Order to Show Cause is a faster way to ask the court for something. It is a type of motion. You can use it to ask the court to reopen your case after a default judgment has been entered. A default judgment can happen if you do not answer a summons or if you miss a trial or hearing.

If the judge signs your Order to Show Cause to vacate (cancel) the default judgment, this may temporarily stop the judgment from being enforced. The judge’s order will also set a date for the other side (the plaintiff) to respond and explain whether your case should be reopened.

To start an Order to Show Cause, you must put your request in writing. The papers you receive will tell you if you must come to court in person and whether the judge will hear testimony. If the court schedules a new trial, both sides will get a notice in the mail.

You can get the forms you need at the clerk's office where the judgment was entered. You can also use the Tenant Vacate Default Judgment Program or Vacate Default Judgment in a Consumer Debt Case to help you complete and file your forms.