Can a judgment from another state or a federal court be enforced in New York?

This page explains New York law. The filing, notice and stay rules below are New York's own (CPLR Articles 53 and 54); the one federal rule, for registering federal judgments in other federal districts, is 28 U.S.C. 1963. The page is written for people who have moved to New York or own property or accounts here and learn that a judgment from somewhere else is being used against them, and for creditors deciding how to bring a judgment into the state. KOR Law LLP's post-judgment practice handles enforcement disputes of this kind.

Which route applies to which judgment?

A creditor who prefers to sue on any of these judgments, or to move for summary judgment in lieu of complaint, may still do so instead of filing (CPLR 5406). Under CPLR 3213, that motion is served with the summons, its earliest hearing date matches the time to appear under CPLR 320(a), and if it is denied the motion papers become the complaint and answer. No default judgment can be entered before the hearing date of that motion (CPLR 3213). How these motions are opposed is covered in what a CPLR 3213 motion is, and why guarantors get sued this way.

What does the creditor have to file, and what notice do you get?

Under New York's Uniform Enforcement of Foreign Judgments Act (CPLR Article 54), the creditor files an authenticated copy of the judgment within 90 days of the date of authentication, together with an affidavit stating that the judgment was not obtained by default in appearance or by confession, that it is unpaid in whole or in part and how much remains, that its enforcement has not been stayed, and the debtor's name and last known address (CPLR 5402(a)). The copy must be authenticated under an act of Congress or a New York statute. The clerk assigns an index number (CPLR 5405).

The filing can be made with any county clerk in the state (CPLR 5402(a)). In Brooklyn, that is the Kings County Clerk; its location and windows are listed on our page about foreclosure and judgment defense for Brooklyn (Kings County) cases.

Within 30 days after filing, the creditor must mail notice of the filing to the debtor's last known address, and the proceeds of an execution cannot be paid to the creditor until 30 days after proof of that mailing is filed (CPLR 5403).

Once filed, what can the creditor do?

The clerk treats the filed judgment the same way as a judgment of the New York Supreme Court, and it has the same effect (CPLR 5402(b)). In practice, that opens the full set of New York enforcement tools: restraining notices on bank accounts, information subpoenas, income and property executions, and turnover proceedings, each described in what happens after a money judgment is entered against you in New York. If a bank account has been frozen, the exemption claim process is explained in what to do when a restraining notice freezes your New York bank account. If questions about your assets arrive first, read whether you have to answer an information subpoena in New York.

The filed judgment is also enforced or satisfied in the same manner as a New York judgment (CPLR 5402(b)), so the question of which money and property can be reached is answered under New York's rules; see property a judgment creditor cannot take in New York.

To reach real property in more than one county, a creditor files a transcript of the docket with each county clerk, and a judgment docketed by transcript has the same effect as a Supreme Court judgment entered in that county (CPLR 5018(a)). The court system's CourtHelp guide notes that a separate transcript is needed for each county where the debtor has property, and that once a transcript is filed the judgment becomes a lien on the debtor's land in that county.

How can a debtor challenge or pause enforcement?

A filed judgment is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a New York Supreme Court judgment (CPLR 5402(b)). Three questions usually come first:

• Was it really a contested judgment? If the original judgment was entered by default in appearance or by confession, it falls outside the definition in CPLR 5401, and the filing route was not available for it. New York's own rules for confessed judgments are in whether a confession of judgment is enforceable in New York.
• Is there an appeal or a stay in the other state? If the debtor shows that an appeal is pending or will be taken, or that a stay of execution was granted, the Supreme Court must stay enforcement until the appeal ends, the time to appeal runs out, or the stay expires, once the debtor proves it posted the security the other state requires (CPLR 5404(a)).
• Would a New York judgment be stayed on these facts? If so, the court must stay enforcement for an appropriate period, on the same security New York would require (CPLR 5404(b)).

Grounds for undoing the judgment itself, such as lack of jurisdiction, are covered in whether you can undo a default judgment in New York. Separately, a New York court may at any time make an order denying, limiting, conditioning or regulating the use of any enforcement procedure (CPLR 5240), which is explained in how a court can limit or stop a creditor's collection efforts.

How are federal judgments handled?

This part is federal law. Under 28 U.S.C. 1963, a judgment in an action to recover money or property entered in a federal court of appeals, district court or bankruptcy court, or in the Court of International Trade, can be registered in another district by filing a certified copy once it has become final by appeal or by the end of the time to appeal, or earlier if the court that entered it orders so for good cause. A registered judgment has the same effect as a judgment of the district where it is registered and is enforced the same way. The statute adds that this procedure is in addition to other ways of enforcing judgments.

The New York side is a state rule. A transcript of a federal judgment rendered or filed within New York can be filed with any county clerk, who dockets it with the same effect as a Supreme Court judgment entered in that county (CPLR 5018(b)), which matters for liens on real property.

What about a judgment from another country?

New York's recognition statute, CPLR Article 53, applies to a foreign country judgment that grants or denies a sum of money and is final, conclusive and enforceable where it was rendered, even if an appeal is pending there. It does not cover judgments for taxes, fines or penalties, or divorce, support and other domestic relations judgments (CPLR 5302). The party seeking recognition must show the article applies (CPLR 5302(c)), and the action must be started within the time the judgment is effective in the foreign country or 20 years from when it became effective there, whichever is earlier (CPLR 5303(d)). Once recognized, the judgment is conclusive between the parties to the extent it grants or denies money (CPLR 5303(a)).

A New York court may not recognize the judgment if the foreign system lacks impartial tribunals or due process, or if the foreign court lacked personal or subject matter jurisdiction. It need not recognize it on other listed grounds, including lack of timely notice, fraud, conflict with public policy or with another final judgment, a forum agreement pointing elsewhere, and a seriously inconvenient forum where jurisdiction rested only on personal service (CPLR 5304(a), (b)). The party resisting recognition carries the burden on these grounds (CPLR 5304(c)).

What changes the answer for an out-of-state judgment?

These facts decide the path, each tied to a rule:

• How the original case ended. A judgment entered by default in appearance or by confession cannot be filed under Article 54; the creditor needs a new action or a CPLR 3213 motion (CPLR 5401, 5406).
• When the copy was authenticated. The filing must be made within 90 days of the date of authentication (CPLR 5402(a)).
• Whether the judgment is under appeal or stayed where it was entered. A pending or planned appeal, or a stay of execution there, leads to a mandatory stay in New York once the debtor proves it posted the security that state requires (CPLR 5404(a)).
• Which court entered it. A federal judgment can be registered in a New York federal district once final (28 U.S.C. 1963), and a federal judgment rendered or filed in New York can be docketed with a county clerk (CPLR 5018(b)).
• Where the debtor's property is. Each county where the creditor wants to reach real property needs its own transcript (CPLR 5018(a); CourtHelp).

For example: a judgment from another state reaches a Brooklyn bank account

Common mistakes with out-of-state judgments

• Treating it as someone else's problem. Once filed, the judgment has the same effect as a New York Supreme Court judgment and is enforced the same way (CPLR 5402(b)).
• Assuming an appeal elsewhere stops New York enforcement on its own. The stay in CPLR 5404(a) requires a showing to the Supreme Court and proof of the security the other state requires.
• Not checking how the original case ended. A default in appearance or a confession of judgment takes the case outside Article 54 (CPLR 5401).
• Letting the 30-day hold pass unused. Execution proceeds cannot go to the creditor until 30 days after proof of the notice is filed (CPLR 5403). Use that time to ask for a stay if one applies.
• Treating a CPLR 3213 summons like an ordinary one. The answering papers on the motion are due within the time the notice of motion sets, and if the motion is denied those papers become the answer (CPLR 3213).

What to do this week

1. Find the notice of filing and its envelope, and write down the date it arrived.
2. Get the filed papers from the county clerk: the authenticated copy, the authentication date, and the affidavit's statements about default, the unpaid amount and any stay (CPLR 5402(a)).
3. Get the docket from the court that entered the judgment. Check whether it was entered by default or by confession, and whether an appeal or stay is pending.
4. If an appeal is pending there, gather proof of it and of any security posted (CPLR 5404(a)).
5. If a bank account is frozen and holds exempt money, mail or deliver the exemption claim form within 20 days of the date on its envelope (CPLR 5222-a).
6. Pull together the papers on our judgment enforcement consultation checklist and speak with a lawyer before the 30-day hold ends.

Frequently asked questions

Does the creditor have to sue me again in New York?

Not if the judgment qualifies under Article 54: filing an authenticated copy with a county clerk is enough (CPLR 5402). The creditor may still choose to bring an action on the judgment or a motion for summary judgment in lieu of complaint instead (CPLR 5406).

Is a judgment from Puerto Rico or another U.S. territory a foreign country judgment?

No. For Article 53, a "foreign country" excludes the United States and any state, district, commonwealth, territory or insular possession of the United States (CPLR 5301(a)). The foreign country rules on recognition therefore do not apply to those judgments.

What if I have already paid part of the judgment?

The creditor's affidavit must state the amount that remains unpaid (CPLR 5402(a)), so compare it with your payment records. For a federal judgment registered in another district, a certified copy of a full or partial satisfaction can be registered in any district where the judgment is a lien (28 U.S.C. 1963).

Does a filed judgment become a lien on my home?

CourtHelp explains that once a transcript of a judgment from another state or a federal court is filed in a county clerk's office, it becomes a lien on the debtor's land in that county, and the debtor cannot sell without paying the creditor. How long that lien lasts is covered in how long a New York judgment lasts.

Can a foreign country judgment be raised in a case that is already pending?

Yes. If recognition is sought in a pending action, it may be raised by counterclaim, cross-claim or affirmative defense (CPLR 5303(c)). Only a fresh request for recognition needs its own action or CPLR 3213 motion (CPLR 5303(b)).

Can the United States register its federal judgment right away?

Yes. Under 28 U.S.C. 1963, a judgment entered in favor of the United States may be registered in another district any time after it is entered, without waiting for the appeal period to run out.