A transcript of judgment is a legal document showing the court judgment paying the plaintiff money in a civil case. The judgment signed by the judge is submitted to the county clerk where the judgment is made. The clerk then issues the transcript of judgement and enters it in the county records.
The plaintiff will need an exemplified copy of the transcript of judgment for its enforcement. This has the signature of the judge and the county clerk as well as an official stamp or seal. A preferred process service with experience in this matter can speed up retrieving an exemplified copy.
Why Having a Transcript of Judgment can be Essential
The transcript of judgment is a powerful document. After it is filed in the County Clerk’s Office, it stands as a lien on the debtor’s personal property in that county, including property to be purchased. If the debtor sells any personal property, the proceeds will be used to pay the creditor.
The creditor can also take the transcript of judgment to the county sheriff for the seizure of the debtor’s properties, such as vehicles, real estate, a business, and the contents of the home and business commensurate to the amount of judgment.
Furthermore, the debtor’s credit will be badly affected since credit bureaus routinely check County Clerk records for credit histories. Because of this, acquiring a transcript of judgment is often enough to get a debtor to pay his debts.
How Long Is a Judgment Good for in New York?
A transcript of judgment’s validity 20 years. The initial lien on the debtor’s property is for 10 years. If the judgment amount has not been paid in full at the end of that period, the creditor can apply for an extension of another 10 years. The application must be filed at the start of the ninth year to ensure that there will be no gap between the original 10-year lien and the extension. Otherwise, the debtor will have a chance to sell the property.
Where to Access Judgment Transcripts in New York
All court files in New York are the responsibility of the County Clerk of New York County. Most are in the Supreme Court Record Room and are available for examination by the public, with certain exceptions.
Confidential files include those related to matrimonial cases and those ordered sealed by a judge, such as cases involving trade secrets. These files can only be accessed by the parties involved and their legal counsel with proper identification.
Files that were filed under the New York State Courts Electronic Filing System (NYSCEF) or were digitized are available for examination at nycourts.gov/efile. However, those ordered sealed by a judge will not be available.
A previous rule designated files revealing individual health information as “secure” and, therefore, not viewable online. That rule has been repealed, though, and such records may now be viewed at the courthouse, except those ordered sealed by a judge.
How to Get a Copy of a Judgment Transcript
The creditor must pay a filing fee at the court that issued the judgment to get a transcript of judgment. This must be filed at the County Clerk’s office where the debtor’s property is located. A second filing fee is paid to the County Clerk. The judgment transcript only covers property in that county.
If the debtor has properties in various counties and the judgment amount covers them, the creditor must file separately with each county and pay the corresponding filing fees. That way, the creditor can obtain a transcript of judgment for each county.
If you are a creditor, you can simplify the process with the help of experts from Serve Index LLC. They can do all the filing and payment of fees for you and obtain that valuable judgment transcript no matter how many counties in New York are involved. Get in touch with us at 888-994-6339 or email info@serveindex.com if you have questions. We also provide free quotes.