By Pat Hollis Credit Specialist
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March 25, 2025
How Creditors Enforce Judgments: S uffered a judgment for unpaid credit card debt in New York State ? Well, understanding how your creditor may enforce that judgment is critical to protecting your assets and rights going forward. ( Yes! You still have rights .) At the Credit Card Defense Center, our experienced debt defense lawyers and debt settlement lawyers are here to help you navigate these challenges, protect your rights, and explore options to vacate judgments or settle your debts. Judgment Creditors and Collection Tactics When a court rules against you in a credit card lawsuit, your creditor can ask the Clerk of the Court to enter a judgment on behalf of your creditor. Once the judgment is entered, your creditor becomes what is known as the "judgment creditor," granting that creditor powerful tools to collect the debt against you. (And now you are known as the "judgment debtor.") These tools, which can now be used by the judgment creditor against you, can include wage garnishments, property liens, and even property levies. Each of these methods can significantly impact your financial stability, but you don’t have to face them alone. The attorneys associated with the Credit Card Defense Center can help you deal with the judgment entered against you. Wage Garnishments One of the most common and frustrating collection methods, wage garnishment, allows creditors to take up to 25% of your net pay—or more for certain debts like child support or taxes. However, there are limits to what creditors can garnish, and some states offer greater protections for debtors. If your wages are being garnished, a debt defense lawyerfrom the Credit Card Defense Center can help you object to the garnishment and explore alternatives to protect your income. Levies and Property Liens Judgment creditors may also place liens on your real or personal property, making it difficult to sell or refinance until the debt is paid. In New York State, if a judgment has been entered against you in the Supreme Court of the State of New York and in any county in the state, that judgment automatically becomes a lien on your real property in that county. With the mere filing of the judgment document in other New York counties where you may also own property, the lien will attach to that property as well. In all other (lower) courts in New York State, additional steps must be taken by the judgment creditor to place a lien on your real property. However, these steps are inexpensive and easy to complete. Therefore, if you have a judgment against you, it is likely that your real property will end up burdened with a lien. With such a lien, your property cannot be refinanced or sold until the lien is satisfied in full. In some cases, the judgment creditor can even execute the lien by seizing and selling your property, especially if you have no other superseding liens on the property. Be aware that your real property is particularly attractive to creditors if you have already paid off your mortgage. However, note that mistakes in filing liens or levies can make them unenforceable. Our attorneys can review the creditor's actions and challenge improperly filed liens to safeguard your assets. Bank Account Levies Creditors can also target your bank accounts in New York State by filing a restraining notice against your bank and then sending an execution to a local enforcement office, such as a county sheriff or city marshal. These officers will approach your bank and extract money from your account, resulting in non-exempt funds being frozen or seized. If you're facing a bank levy, our Credit Card Defense Center legal team can help you fight back and recover your funds, restoring your financial freedom. Defend Your Rights and Vacate Judgments It’s also important to know that many judgments are based on improper service or incomplete documentation. At the Credit Card Defense Center, our attorneys specialize in helping clients vacate judgments and challenge aggressive collection tactics. Whether you're dealing with credit card debt, a disputed amount, or an outdated lien, we can help you build a strong defense. Avoid Unconscionable Collection Practices Judgment creditors often overreach, seeking more than what you're legally required to pay. Our debt settlement lawyerswill negotiate on your behalf to resolve your credit card debt for less than the full amount or challenge collection practices that violate your rights. Available Protections for You Every state, including New York, has property exemptions that shield certain assets, like your home, car, and essential belongings, from creditors. Understanding these protections is essential to defending your rights. At the Credit Card Defense Center, we’ll help you safeguard your assets while working toward a resolution for your debt. Take Control of Your Debt Today Although facing a credit card lawsuit or judgment can feel overwhelming and daunting, you’re not alone. Our team of debt defense lawyers is dedicated to helping individuals like you navigate the complexities of debt collection, protect your assets, and find the best path forward. Contact the Credit Card Defense Center today to discuss your case. Whether you need to vacate a judgment, challenge unfair collection practices, or explore debt settlement options, we're here to help you take control of your financial future. Protect Yourself with Experienced Attorneys from the Credit Card Defense Center 212-591-0400