This page explains New York law. An execution is the paper that turns a money judgment into a seizure: it is issued by the court clerk or by the creditor's attorney as an officer of the court, and it directs the sheriff of one or more counties to satisfy the judgment out of the debtor's real and personal property and the debts owed to the debtor (CPLR 5230(b)). KOR Law LLP's post-judgment defense practice represents judgment debtors and asset holders when a creditor reaches for property this way.
In New York City, the sheriff is the New York City Sheriff, an office of the city's Department of Finance. Its listed duties include discovery and seizure of property and conducting property auctions, and creditors give it asset information on a Creditor's Advisory Form. Its posted forms also include a request for an execution on a judgment from the city's Small Claims or Civil Court. For how the Brooklyn courthouse and County Clerk fit into these steps, see foreclosure and judgment defense for Brooklyn (Kings County) cases.
What does an execution have to say, and how long does it stay in force?
The execution must state the court and date of the judgment, the amount, the interest rate (including the lower rate for consumer debt where it applies), the parties, and the debtor's last known address. It may reach only property in which a named living debtor has an interest (CPLR 5230(a)). A Supreme Court or county court execution is issued from the court in the county where the judgment was first docketed (CPLR 5230(b)). If the judgment was for all or part of a mortgage debt, the execution must say so and may not be used to sell the mortgaged property (CPLR 5230(a), 5236(b)). That property goes through foreclosure instead, which we walk through in what happens after you are served with a foreclosure summons in New York.
The sheriff must return the execution within 60 days after it was issued unless it has been served on a garnishee or used as an income execution. The creditor's attorney may extend that time in writing by up to 60 more days at a time (CPLR 5230(c)). Wages follow their own rules, explained in how an income execution garnishes wages in New York.
How does the sheriff levy on personal property and money owed to you?
| Levy | What it reaches | How it works |
|---|---|---|
| Levy by service | Property that cannot be physically handed over and debts owed to the debtor, such as money held by a bank or a business that owes the debtor | The sheriff serves the execution on the garnishee, who must transfer the property or pay the debt to the sheriff. The levy is void after 90 days except for what was transferred, or where a turnover proceeding has been brought, unless the court extends it (5232(a)). |
| Levy by seizure | Property that can be handed over, such as equipment, inventory or a vehicle | The sheriff takes the property into custody and serves a copy of the execution on the person it was taken from (5232(b)). |
Unless the execution states that the debtor was already served with the statutory notice within the past year, the sheriff must mail or deliver a copy of the execution and that notice to an individual debtor within four days after serving a garnishee (CPLR 5232(c)). For an individual's bank account, the execution comes with an exemption notice and two exemption claim forms, and the bank may not hand the money to the sheriff for at least 27 days; if it has received no claim form or court order after 30 days, it may transfer the funds (CPLR 5232(g)). The same protected balances that apply to a frozen account apply to a levy (CPLR 5232(e)), and the bank may not charge a fee where it cannot lawfully levy (CPLR 5232(f)). Those balances and the claim form steps are explained in what to do when a restraining notice freezes your bank account.
Personal property the sheriff obtains is sold at public auction, with the property in view of the bidders unless the court orders otherwise. Notice must be posted at least six days before the sale in three public places; in New York City, the notice may instead be advertised in the auction columns of a qualifying morning daily newspaper (CPLR 5233(a), (b)). The court can order an immediate sale when the case is urgent (CPLR 5233(c)). Proceeds are not distributed until 15 days after the execution was served, except by court order, and anything left after the judgment is paid goes back to the debtor (CPLR 5234(a)).
What personal property is protected?
CPLR 5205 lists property that no execution can reach, including clothing, household furniture, one refrigerator, one television, one computer and one cellphone, health aids, tools of a trade up to a dollar limit, and one motor vehicle up to a dollar limit. The Department of Financial Services adjusts those limits every three years; the current figures, set April 1, 2024, are $4,075 for tools of a trade and $5,500 for a vehicle (the statute's base figures are $3,000 and $4,000). The full list of exempt property and income is in what a New York judgment creditor cannot take.
How is real property sold on an execution?
A docketed judgment is a lien on the debtor's real property in that county for ten years after the judgment-roll is filed (CPLR 5203(a)). The sheriff can sell the debtor's interest in property that was subject to that lien when the execution was delivered. After the ten years, the sheriff can still levy by filing a notice of levy with the county clerk (CPLR 5235). Creditors can also extend or renew the lien; see how long a judgment lasts in New York. The sale follows a fixed timetable:
| Step | Timing |
|---|---|
| Printed notice of sale posted in three public places in the town or city where the property is | At least 56 days before the sale |
| Sheriff serves the notice on each person on the creditor's list: the debtor, judgment creditors whose judgments are liens, and everyone who had a recorded interest or lien 45 days before the sale | At least 30 days before the sale |
| Notice published in a newspaper in the county | At least once in each of four periods of 14 days before the sale |
| Public auction in the county | Between the 56th and 63rd day after the first publication, unless extended or postponed |
| Sheriff delivers the deed and proofs of notice to the buyer | Within 10 days after the sale |
The notice must be served on the debtor in a way CPLR 308 allows for a summons (CPLR 5236(c)), and the sheriff sells as a unit or in parcels, whichever will bring the highest price (CPLR 5236(a)). A missed notice, or a notice torn down, does not affect the title of a buyer who did not know of the problem (CPLR 5236(c)), so notice problems need to be raised before the sale.
Anyone may ask the sheriff in writing to be told if the sale is postponed (CPLR 5236(d)). A judgment creditor who was notified but does not deliver its own execution before the sale loses its lien on the property (CPLR 5236(e)). After fees and expenses, the proceeds go to creditors who delivered executions before the sale, in the order of their judgments' priority, and any excess goes to the debtor (CPLR 5236(g)). Because a transfer made after the judgment is docketed is not effective against the judgment creditor (CPLR 5203(a)), deeding the property away does not defeat the lien. That is one reason it matters when an owner tries to sell or refinance property with a judgment lien on it.
Can the sheriff sell your home?
Not simply by execution, if it is your homestead. A house, co-op shares, a condominium unit or a mobile home owned and occupied as a principal residence is exempt up to a set value above liens: $204,825 in the five New York City counties, Nassau, Suffolk, Rockland, Westchester and Putnam, under the current Department of Financial Services figures (CPLR 5206(a)). If the equity is larger, the judgment lien attaches only to the surplus, and the creditor must start a special proceeding in the county where the home is located to have it sold. The court divides the proceeds according to each person's interest, and money paid to the debtor for his or her share, up to the exempt amount, stays exempt for one year unless it goes toward a new homestead (CPLR 5206(d), (e)). The exemption does not protect against a judgment recovered wholly for the purchase price, or against taxes and assessments (CPLR 5206(a)). For apartment owners, see whether the homestead exemption protects a co-op apartment.
What if the property is not the debtor's?
Property that belongs to a spouse, a business or someone else can get caught in a levy. Before the property is applied to the judgment, any interested person may start a special proceeding to decide who owns it. The court can vacate the execution, void the levy, direct what happens to the property and award damages, and it orders a separate trial where facts are disputed (CPLR 5239). A creditor that named specific property in a notice served with the execution is liable to a non-debtor owner for damages caused by the levy (CPLR 5232(a)). A creditor may also ask the court to order property handed over in a turnover proceeding, where the same ownership questions are decided. The debtor can ask the court to limit or condition the whole effort under CPLR 5240, explained in whether a court can limit or stop a creditor's collection efforts.
What changes the answer for your property?
- Whether the judgment is for the mortgage debt. Mortgaged property cannot be sold on an execution issued on a judgment for any part of the mortgage debt (CPLR 5236(b), 5230(a)).
- The age of the judgment. Within ten years of the judgment-roll the docketed lien reaches the property; after that, the sheriff must file a notice of levy with the county clerk (CPLR 5203(a), 5235).
- Whether you live there. A homestead owned and occupied as a principal residence is exempt up to the county amount, and a sale above it takes a separate court proceeding (CPLR 5206(a), (e)).
- Who the creditor is. The bank account protections in CPLR 5232(e) to (g) do not apply where the creditor is the state, a state agency or a municipal corporation, or the debt is for child or spousal support, maintenance or alimony, if the execution carries the required legend (CPLR 5232(h)).
- Who owns the property. A non-debtor owner can bring an adverse claim proceeding (CPLR 5239) and may have a damages claim (CPLR 5232(a)).
- How many creditors are lined up. Only creditors who deliver executions before the sale share in the proceeds, in order of priority (CPLR 5236(e), (g)).
For example: a sheriff's sale of a Brooklyn rental condo
For example, imagine a debtor with a Supreme Court judgment docketed in Kings County four years ago. (This is a made-up illustration, not a real client or result.) She lives in a co-op in Queens and also owns, with no mortgage, a condominium unit in Brooklyn that she rents out. The creditor's attorney issues an execution to the New York City Sheriff. Because the condo is not her principal residence, the homestead exemption does not cover it, while the Queens co-op is protected up to $204,825 in value above liens.
The notice of sale is first published on March 2. Under CPLR 5236(a), the auction must fall between the 56th and 63rd day after that, so between April 27 and May 4, unless the sale is postponed or the time extended. She must be served with the notice at least 30 days before the sale. She checks the creditor's list of lienholders, writes to the sheriff asking to be told of any postponement, and raises any notice defect or ownership dispute before the auction, because a defect does not undo a buyer's title afterward. A second judgment creditor that is notified must deliver its own execution before the sale or lose its lien.
Common mistakes when a sheriff levies or schedules a sale
- Waiting until after the auction. A notice defect does not affect a buyer who did not know of it (CPLR 5236(c)). Raise it before the sale.
- Tearing down a posted notice of sale. Willfully defacing or removing a posted notice before the sale is punishable as contempt of court (CPLR 5251).
- Deeding the property to a relative. A transfer after the judgment is docketed is not effective against the creditor (CPLR 5203(a)).
- Not returning the bank exemption claim form. After 30 days without a claim form or court order, the bank may send the funds to the sheriff (CPLR 5232(g)).
- Assuming the home is safe without proof. The homestead exemption covers property owned and occupied as a principal residence (CPLR 5206(a)); be ready to show both.
What to do this week
- Find the execution, its issue date and the sheriff it went to, and note the 60-day return date (CPLR 5230(c)).
- If a bank account was levied, complete and return the exemption claim form right away.
- If real property is involved, write down the first publication date and count the 56th to 63rd day window.
- Gather proof of residence and value for any homestead, and deeds or records showing who owns each item seized.
- Collect every restraining notice, subpoena and execution on the same judgment, using our checklist of what to gather when enforcement starts.
- Arrange to speak with a lawyer before the sale date, not after it.
Frequently asked questions
Is a sheriff's execution sale the same as a foreclosure auction?
No. A foreclosure sale happens under a judgment of foreclosure and sale, which directs a sale by or under the direction of the sheriff or a referee (RPAPL 1351(1)). An execution sale enforces a money judgment under CPLR 5236. For the foreclosure side, see where and when foreclosure auctions are held in New York City.
Can the sheriff or a deputy buy the property?
No. CPLR 5236(a) bars any sale to the sheriff, a deputy or an undersheriff.
What if the property is in two counties?
It may be sold in any county where part of it is located, unless the court orders otherwise (CPLR 5236(a)). A judgment becomes a lien on real property in a county when it is docketed with that county's clerk (CPLR 5203(a)).
Who is told if the sale is postponed?
Only people whose written requests reached the sheriff at least five days before the new date, people who showed up at the original sale, and the debtor at the last known address (CPLR 5236(d)). Unless the court directs otherwise, the new date need not be posted or published.
Can I stop the levy if the judgment was entered by default?
A court can relieve a party from a judgment for excusable default, lack of jurisdiction, fraud and other grounds (CPLR 5015(a)). See whether you can undo a default judgment in New York, and you can ask the court under CPLR 5240 to limit or condition enforcement while that motion is pending.