§ 1609 — General powers, duties and liabilities of marshals; small claims judgments

§ 1609. General powers, duties and liabilities of marshals; small\nclaims judgments. * 1. a. The authority of a marshal extends throughout\nthe city of New York and all provisions of law relating to the powers,\nduties and liabilities of sheriffs in like cases and in respect to the\ntaking and restitution of property, shall apply to marshals. Every\nmarshal shall keep a record of his or her official acts in such manner\nas shall be prescribed by the appellate division. Such records shall\nshow, in addition to the official acts of the marshal, all fees and sums\nreceived by the marshal therefor, the expenses of the marshal in\nconnection with the performance of his or her official duties and his\ngross and net income as such marshal. The records of every marshal shall\nbe open to inspection by the appellate division and such officers or\nemployees of the court, or other persons, agencies or officials, as may\nbe designated by the appellate division.\n b. Notwithstanding any inconsistent provision of this act or of any\nother general, special or local law, code, charter, or ordinance, all\nprovisions of law relating to the powers, duties and liabilities of the\ncity sheriff in like cases in respect to the enforcement within the city\nof money judgments rendered by any family court or money judgments\nentered in any supreme court or docketed with the clerk of any county,\nshall apply to marshals, except that city marshals shall have no power\nto levy upon or sell real property and city marshals shall have no power\nof arrest.\n * NB Effective until June 30, 2026\n * 1. The authority of a marshal extends throughout the city of New\nYork and all provisions of law relating to the powers, duties and\nliabilities of sheriffs in like cases and in respect to the taking and\nrestitution of property, shall apply to marshals. Every marshal shall\nkeep a record of his or her official acts in such manner as shall be\nprescribed by the appellate division. Such records shall show, in\naddition to the official acts of the marshal, all fees and sums received\nby the marshal therefor, the expenses of the marshal in connection with\nthe performance of his or her official duties and his gross and net\nincome as such marshal. The records of every marshal shall be open to\ninspection by the appellate division and such officers or employees of\nthe court, or other persons, agencies or officials, as may be designated\nby the appellate division.\n * NB Effective June 30, 2026\n 2. The appellate division shall promulgate rules and regulations\nconcerning performance of official duties of marshals.\n 3. a. The appellate division shall promulgate rules and regulations\nproviding for the assignment of specified marshals on a rotating basis\nduring fixed time periods, to the task of executing and enforcing small\nclaims judgments within the city of New York whenever executions of such\njudgments are delivered to such marshals in accordance with law. Such\nrules and regulations shall include provisions requiring such marshals\nto submit quarterly reports to an agency designated by the appellate\ndivision, reporting each such judgment collected and each unsuccessful\nattempt at collection and the reason or reasons for any lack of success\nat collection.\n b. The clerk of the small claims part in each county shall freely\ndistribute to litigants copies of a list of the names, office addresses\nand phone numbers and dates and counties of assignment of all marshals\ncurrently assigned within the city of New York pursuant to this\nsubdivision. He shall also provide to litigants a list, in a form\napproved by the appellate division, containing information which a\njudgment creditor should provide to a marshal to assist him or her in\nthe execution or enforcement of a judgment.\n