New York City Debt Collection Defense Attorney

A Simple List of What Property your Judgment Creditor May Seize (New York)

First, what is a "judgment creditor"?

A judgment creditor is the person or company that sued you and obtained a money judgment against you. If you've reached this website, your judgment creditor is likely on this list.

As far as what property your judgment creditor can seize, New York law[1] is broad and can be broken down into the following two categories:

1) Property: any present or future interest in property that isn't exempt, including:

  • money
  • bank accounts, including joint bank accounts
  • escrow accounts
  • rights, shares, interests or profits in the stock of an association or corporation
  • real property
  • motor vehicles
  • money due under present or future interest under contract (i.e. right given in a licensing agreement to net profits)
  • interests in an executory negotiable letters of credit
  • partnership interests

2) Debt:

  • Also up for grabs is any current or future debt that you are expecting repayment on regardless of whether the debt was established inside or outside of New York.

If you've received a garnishment notice, restraining notice, or information subpoena (basically any official-looking notice from a marshal, sheriff, or attorney), these rules apply and you must know what your rights are in your own property. I would be happy to discuss your matter with you.

[1] CPLR § 5201: Debt or Property Subject to Enforcement; Proper Garnishee. This statute also contains special rules as to whom ("garnishee") the judgment creditor must serve with papers in order to seize your interests in property that you are not directly in possession of.