§ 5230 — Executions

New York § 5230

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 52: Enforcement of Money Judgments

Text

§ 5230. Executions. (a) Form. An execution shall specify the date\nthat the judgment or order was entered, the court in which it was\nentered, the amount of the judgment or order, the applicable interest\nrate and the date as of which the new interest rate applies if the\ninterest rate for consumer debt pursuant to section five thousand four\nof this chapter applies and the amount due thereon and it shall specify\nthe names of the parties in whose favor and against whom the judgment or\norder was entered. If the applicable interest rate changes pursuant to\nsection five thousand four of this chapter while an execution is\nongoing, the judgment creditor shall issue an amended execution within\nsixty days of the effective date of the chapter of the laws of two\nthousand twenty-one which amended this subdivision, effective as of the\ndate of the rate change. An execution shall direct that only the\nproperty in which a named judgment debtor or obligor who is not deceased\nhas an interest, or the debts owed to the named judgment debtor or\nobligor, be levied upon or sold thereunder and shall specify the last\nknown address of that judgment debtor or obligor. Except in cases when\nthe state of New York, or any of its agencies or municipal corporations\nis the judgment creditor, or if the debt enforced is for child support,\nspousal support, maintenance or alimony, provided that in those\ninstances the execution contains a legend at the top thereof, above the\ncaption, in sixteen point bold type with the following language: "The\njudgment creditor is the state of New York, or any of its agencies or\nmunicipal corporations, AND/OR the debt enforced is for child support,\nspousal support, maintenance or alimony.", an execution notice shall\nstate that, pursuant to subdivision (l) of section fifty-two hundred\nfive of this article, two thousand five hundred dollars of an account\ncontaining direct deposit or electronic payments reasonably identifiable\nas statutorily exempt payments, as defined in paragraph two of\nsubdivision (l) of section fifty-two hundred five of this article, is\nexempt from execution and that the garnishee cannot levy upon or\nrestrain two thousand five hundred dollars in such an account. Except in\ncases when the state of New York, or any of its agencies or municipal\ncorporations is the judgment creditor, or if the debt enforced is for\nchild support, spousal support, maintenance or alimony, provided that in\nthose instances the execution contains a legend at the top thereof,\nabove the caption, in sixteen point bold type with the following\nlanguage: "The judgment creditor is the state of New York, or any of its\nagencies or municipal corporations, AND/OR the debt enforced is for\nchild support, spousal support, maintenance or alimony.", an execution\nnotice shall likewise state that pursuant to subdivision (i) of section\nfifty-two hundred twenty-two of this article, an execution shall not\napply to an amount equal to or less than ninety percent of the greater\nof two hundred forty times the federal minimum hourly wage prescribed in\nthe Fair Labor Standards Act of 1938 or two hundred forty times the\nstate minimum hourly wage prescribed in section six hundred fifty-two of\nthe labor law as in effect at the time the earnings are payable, except\nsuch part as a court determines to be unnecessary for the reasonable\nrequirements of the judgment debtor and his or her dependents. Where the\njudgment or order was entered in a court other than the supreme, county\nor a family court, the execution shall also specify the date on which a\ntranscript of the judgment or order was filed with the clerk of the\ncounty in which the judgment was entered. Where jurisdiction in the\naction was based upon a levy upon property or debt pursuant to an order\nof attachment, the execution shall also state that fact, describe all\nproperty and debts levied upon, and direct that only such property and\ndebts be sold thereunder. Where the judgment or order was recovered for\nall or part of a mortgage debt, the execution shall also describe the\nmortgaged property, specify the book and page where the mortgage is\nrecorded, and direct that no part of the mortgaged property be levied\nupon or sold thereunder.\n (b) Issuance. At any time before a judgment or order is satisfied or\nvacated, an execution may be issued from the supreme court, county court\nor a family court, in the county in which the judgment was first\ndocketed, by the clerk of the court or the attorney for the judgment\ncreditor as officer of the court, to the sheriffs of one or more\ncounties of the state, directing each of them to satisfy the judgment or\norder out of the real and personal property of the judgment debtor or\nobligor and the debts due to him or her. Provided, however, if the\napplicable interest rate changes pursuant to section five thousand four\nof this chapter while an execution is ongoing, the clerk of the court of\nthe supreme court, county court or a family court, in the county in\nwhich the judgment was first docketed, or the attorney for the judgment\ncreditor as officer of the court, shall be authorized to issue an\namended execution to the sheriffs of one or more counties of the state\nand shall issue an amended execution within sixty days of the effective\ndate of the chapter of the laws of two thousand twenty-one which amended\nthis subdivision, effective as of the date of the rate change. Where the\njudgment or order is for support and is payable to the support\ncollection unit designated by the appropriate social services district,\nsuch unit shall be authorized to issue the execution and to satisfy the\njudgment or order out of the real and personal property of the judgment\ndebtor or obligor and the debts due to him or her.\n (c) Return. An execution shall be returned to the clerk of the court\nfrom which it was issued or to the support collection unit within sixty\ndays after issuance unless the execution has been served in accordance\nwith section 5231 or subdivision (a) of section 5232. The time may be\nextended in writing for a period of not more than sixty additional days\nby the attorney for the judgment creditor or by the support collection\nunit. Further like extensions may be given by the attorney for the\njudgment creditor or by the support collection unit unless another\nexecution against the same judgment debtor or obligor has been delivered\nto the same enforcement officer and has not been returned.\n (d) Records of sheriff or support collection unit. Each sheriff or\nsupport collection unit shall keep a record of executions delivered\nshowing the names of the parties and the judgment debtor or obligor; the\ndates of issue and return; the date and time of delivery, which shall be\nendorsed upon the execution; the amount due at the time the execution\nwas delivered; and the amount of the judgment or order and of the\nsheriff's fees unpaid, if any, at the time of the return.\n (e) For the purposes of this section "order" shall mean an order\nissued by a court of competent jurisdiction directing the payment of\nsupport, alimony or maintenance upon which a "default" as defined in\nparagraph seven of subdivision (a) of section fifty-two hundred\nforty-one of this article has been established subject to the procedures\nestablished for the determination of a "mistake of fact" for income\nexecutions pursuant to subdivision (e) of section fifty-two hundred\nforty-one of this article, except that for the purposes of this section\nonly, a default shall not be founded upon retroactive child support\nobligations as defined in paragraph (a) of subdivision one of section\nfour hundred forty of the family court act and subdivision one of\nsection two hundred forty, and paragraph b of subdivision nine of\nsection two hundred thirty-six of the domestic relations law.\n