Within thirty days after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address. The proceeds of an execution shall not be distributed to the judgment creditor earlier than thirty days after filing of proof of service.
§ 5403.Notice of filing.
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 5403 requires the judgment creditor to mail the debtor notice of the filing within thirty days, and bars distributing execution proceeds to the creditor until at least thirty days after proof of that service has been filed.
Full Text of CPLR 5403
Plain-English Summary
Filing a foreign judgment under CPLR 5402 happens without the debtor's involvement, so CPLR 5403 makes sure the debtor finds out about it and gets a window to respond before money changes hands. Within thirty days after the judgment and supporting affidavit are filed, the creditor has to mail notice of that filing to the debtor at their last known address.
The second half of the section protects the debtor's chance to act on that notice. Even after an execution issues and proceeds are collected, those proceeds can't be handed over to the judgment creditor until at least thirty days have passed since proof of service of the notice was filed. That built-in delay gives the debtor time to seek a stay under CPLR 5404 or otherwise challenge the domesticated judgment before the creditor collects.
Frequently Asked Questions
Does a debtor get notified when an out-of-state judgment is filed against them in New York?
Yes. CPLR 5403 requires the judgment creditor to mail the debtor notice of the filing, at the debtor's last known address, within thirty days after the judgment and affidavit are filed.
How long does a creditor have to send notice of filing a foreign judgment?
Thirty days from the date the foreign judgment and the supporting affidavit are filed with the county clerk.
When can a creditor collect after filing a foreign judgment in New York?
Proceeds of an execution can't be distributed to the judgment creditor until at least thirty days after proof of service of the notice of filing has itself been filed, giving the debtor time to respond or seek a stay before the money is released.
What address does the notice of filing get mailed to under CPLR 5403?
The debtor's last known address. The statute doesn't require personal service of the notice of filing, only that it be mailed there within thirty days after the judgment and affidavit are filed.
What has to happen before the thirty-day hold on execution proceeds starts running?
Proof of service of the notice of filing has to be filed first. The thirty-day wait on distributing execution proceeds to the creditor runs from that filing, not from the date the notice was mailed.
Amendment History
Add, L 1970, ch 982, § 1, 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: notice of filing a foreign judgment in New Yorkwhen can a creditor collect a domesticated judgment30 day notice sister state judgment New York