(a) Filing. A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ninety days of the date of authentication in the office of any county clerk of the state. The judgment creditor shall file with the judgment an affidavit stating that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid, and that its enforcement has not been stayed, and setting forth the name and last known address of the judgment debtor.
§ 5402.Filing and status of foreign judgments.
Article 54. Enforcement of Judgments Entitled to Full Faith and Credit Summary of Article · Last amended 1970 · Last verified July 21, 2026
In one sentenceCPLR 5402 lets a creditor domesticate an out-of-state judgment by filing an authenticated copy with a county clerk within ninety days of authentication, along with an affidavit confirming its non-default status and the amount owed, after which the clerk treats it exactly like a New York supreme court judgment.
Full Text of CPLR 5402
(b) Status of Foreign Judgments. The clerk shall treat the foreign judgment in the same manner as a judgment of the supreme court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the supreme court of this state and may be enforced or satisfied in like manner.
Plain-English Summary
Before Article 54, enforcing a sister-state judgment in New York meant suing on that judgment as though it were a new claim, an extra lawsuit layered on top of one already won elsewhere. CPLR 5402 replaces that detour with a filing procedure. A creditor holding a foreign judgment authenticated under an act of Congress or New York statute can file a copy with any county clerk within ninety days of authentication, together with an affidavit stating that the judgment wasn't obtained by default in appearance or confession, that it remains unsatisfied in whole or part, the amount still owed, that enforcement hasn't been stayed, and the debtor's name and last known address.
Once filed, subdivision (b) does the real work: the clerk treats the foreign judgment exactly as a judgment of the New York supreme court, subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying it, and enforceable in the same manner. That means the full range of Article 52 collection tools, executions, income executions, levies, becomes available against the debtor's New York assets without the creditor first litigating the underlying claim all over again.
Frequently Asked Questions
How do I enforce an out-of-state judgment in New York?
File an authenticated copy of the judgment with any New York county clerk within ninety days of authentication, along with an affidavit confirming it wasn't obtained by default or confession, stating what's still owed, and giving the debtor's last known address. Once filed, it's enforced the same way as a New York supreme court judgment.
What documents do I need to file a foreign judgment in New York?
An authenticated copy of the judgment, authenticated under an act of Congress or New York statute, plus an affidavit stating that the judgment wasn't obtained by default in appearance or confession, that it's unsatisfied in whole or part with the amount remaining unpaid specified, that enforcement hasn't been stayed, and the debtor's name and last known address.
Once filed, does a foreign judgment work like a New York judgment?
Yes. Subdivision (b) directs the clerk to treat the filed foreign judgment the same as a supreme court judgment, subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying it, and enforceable in the same way, including through Article 52's execution and levy tools.
Can the debtor fight a domesticated judgment after it's filed under CPLR 5402?
Yes. Because the filed judgment is treated the same as a New York supreme court judgment, the debtor can raise the same procedures and defenses available against any such judgment, including moving to vacate or stay it, subject to the specific rules in CPLR 5403 and 5404.
Which county clerk can you file a foreign judgment with under CPLR 5402?
Any county clerk in the state. The statute doesn't limit filing to the county where the debtor lives or owns property; the creditor can choose any county clerk's office.
Amendment History
Add, L 1970, ch 982, eff Sept 1, 1970.
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: domesticate a sister state judgment in New Yorkfile an out of state judgment in New Yorkenforce a foreign judgment in New York procedureauthenticated judgment county clerk filing