i was just trying to get paid, and a guy in the marshal's office - who turned out not even to be the marshal but some Brazilian on a green card - told me that they have to file paperwork with the court requesting permission for execution. he told me it will take max 4 weeks.
i didnt hear back so i called them exactly 4 weeks later. the guy told me they would go to court and call me from there. that was last week. I called now myself and some woman tknew exactly who iw as before i even said my name, and she told me that they had called the court and there might be an internal error there and I might need to submit another affidavit.
Does any of this make sense?
I did have a copy of the judgment and all paperwork to submit to the marshal (not sherif) and i did wait for 30 days since the moment i notified the defendant, but the guy in the marshal' office told me that they have to send a requisition for execution. So that "requisition for execution" and 4 week wait for that makes no sense?
Levy and Sale is a manner of collecting a money judgment which gives the judgment debtor the option of paying the city marshal or having some of his or her personal property levied upon and sold at auction.
Before a marshal may make a levy, he or she must obtain a property execution from the clerk of the court where the judgment was docketed or from the judgment creditor's attorney. A property execution is a mandate to the marshal to satisfy a money judgment out of the personal property of the judgment debtor and any debts due to the debtor. An execution may be issued only by the judgment creditor's attorney or by the clerk of the court in the county where the judgment was first docketed. A city marshal who is also an attorney may not serve as an attorney for a judgment creditor and therefore may not issue an execution. The Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York has opined that a marshal’s issuing an execution as an attorney and then enforcing it as a marshal would constitute an ethical violation, since “[a] marshal is an officer of the Court, and an obligation to act impartially is implicit in the office.”
Marshals are enforcement officers of the New York City Civil Court, and as such have the power to levy upon property pursuant to executions issued out of the Civil Court. In addition, current legislation has extended the power of marshals to enforce money judgments rendered by any Family Court or entered in any Supreme Court or docketed with the clerk of any county.Marshals may levy only against personal property of debtors and not against real property.Moreover, a marshal's jurisdiction and authority to serve executions against personal property, as well as all other mandates and processes, extends through and is limited to the geographical boundaries of the City of New York.
A properly issued execution must specify the date on which the judgment or order
was entered, the court in which it was entered, the amount of the judgment or order and the amount due thereon and the names of the parties in whose favor and against whom the judgment or order was entered. The execution shall also state that, pursuant to CPLR § 5205(l), $2,625 of a bank account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments is exempt from execution. In addition, the execution shall state that, pursuant to CPLR § 5222(i), the execution shall not apply to an amount equal to or less than ninety percent of the greater of two hundred forty times the federal minimum wage or two hundred forty times the state minimum wage, except for a portion of the amount that the court determines to be unnecessary for the reasonable requirements of the debtor.
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