(a) If the court enters a judgment for periodic installments, each party liable for all or a portion of such judgment shall separately or jointly with one or more others post security in an amount necessary to secure payment for the amount of the judgment for future periodic installments within thirty days after the date the judgment is entered. A liability insurer having a contractual obligation and any other person adjudged to have an obligation to pay all or part of a judgment for periodic installments on behalf of a judgment debtor is obligated to post security to the extent of its contractual or adjudged obligation if the judgment debtor has not done so.
§ 5043.Posting and maintaining security.
Article 50-B. Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 5043 sets a 30-day deadline for posting security behind a periodic-payment judgment, tells creditors how to force compliance, and provides that if security still isn't posted, that portion of the judgment reverts to a lump sum.
Full Text of CPLR 5043
(b) A judgment creditor or successor in interest and any party having rights may move that the court find that security has not been posted and maintained with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall order that security complying with this article be posted within thirty days. If security is not posted within that time and subdivision (c) of this section does not apply, the court shall enter a judgment for the lump sum as such sum is determinable under the law without regard to this article.
(c) If a judgment debtor who is the only person liable for a portion of a judgment for periodic installments fails to post and maintain security, the right to lump sum payment described in subdivision (b) of this section applies only against that judgment debtor and the portion of judgment so owed.
(d) If more than one party is liable for all or a portion of a judgment requiring security under this article and the required security is posted by one or more but fewer than all of the parties liable, the security requirements are satisfied and those posting security may proceed under subdivision (b) of this section to enforce rights for security or lump sum payment to satisfy or protect rights of reimbursement from a party not posting security.
Plain-English Summary
Winning a periodic-payment judgment under Article 50-B is only half the job — someone has to back it with security. This section gives the judgment debtor, and any liability insurer or other party adjudged responsible, thirty days from entry of judgment to post it. If the debtor hasn't posted security, an insurer with a contractual obligation to pay has to post it instead, to the extent of its own obligation.
A creditor who suspects security hasn't been posted or maintained can move the court for a finding to that effect. If the court agrees, it orders security posted within thirty days. Miss that second deadline, and the court converts that portion of the judgment to a lump sum, calculated the way it would have been calculated without Article 50-B in the first place.
Where several parties share liability, the section keeps things proportional. If some post security and others don't, the ones who complied can use this section's enforcement tools to protect their reimbursement rights against the ones who haven't, and a single defendant's default only converts that defendant's share of the judgment to a lump sum — not the whole thing.
Frequently Asked Questions
What happens if a defendant doesn't post security for a structured judgment in New York?
The creditor can move the court for a finding that security is missing. The court then orders it posted within thirty days, and if that deadline passes too, converts that portion of the judgment to a lump sum.
How long does a judgment debtor have to post security under CPLR 5043?
Thirty days from the date the judgment is entered.
If only one of several defendants fails to post security, does the whole judgment convert to a lump sum?
No. The lump-sum conversion applies only against that defendant and the portion of the judgment that defendant owes.
Who besides the judgment debtor might have to post security?
A liability insurer with a contractual obligation to pay, or anyone else adjudged to owe part of the judgment, must post security to the extent of that obligation if the debtor hasn't.
Can co-defendants protect themselves if one of them won't post security?
Yes. Those who did post security can use this section's procedures to enforce reimbursement or security rights against the defendant who didn't.
Amendment History
Add, L 1986, ch 682, § 9, eff July 30, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: posting security periodic payment judgmentstructured judgment security deadline New Yorkfailure to post security lump sum50-B security requirements30 day security deadline CPLR