Brooklyn, NY asked in Small Claims and Civil Litigation for New York

Q: How can I enforce a judgment lien with missing block and lot numbers in New York?

I went to small claims court, and the judge refused to amend the judgment to include block and lot numbers, stating that this should have been done at the county clerk's office. He mentioned it was the first time he'd heard that these numbers needed to be on the transcript of judgment. I then visited the county clerk, who said without the judge's amendment, I can't file a notice of lien. This is impacting my case, as the lack of a lien means I'm unsure about recovering my money. The judge also mentioned that I should provide the block and lot numbers and house description personally. How should I proceed to ensure the judgment is enforceable and I can file a lien?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: First, pull the exact block and lot numbers and a full property description from the county tax assessor’s records so you have the correct legal identifiers in hand.

Next, go back to the clerk’s office and ask for the form to correct a transcript of judgment; many counties allow you to amend clerical errors by submitting that form with the proper block and lot details.

If the clerk insists on a judge’s sign-off, file a short motion under the civil rules asking the court to amend the judgment nunc pro tunc to include the property description you’ve verified.

Once the amended transcript is on file, record the notice of lien against the real estate in the county where the property sits.

That amendment will make your lien enforceable and give you priority if the owner ever sells or refinances.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.