Correct - they are taking longer than necessary. But it's odd that they can't find the documentation.
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.
Once a valid execution has been issued to a marshal, a marshal may choose to mail a letter to the judgment debtor informing the debtor of the issuance of an execution against his or her property and warning the debtor that, if he or she does not remit the monies due, certain of the debtor's assets are subject to levy and sale. This letter, previously referred to as a "notice of execution," may prevent the need for service of an execution and subsequent sale because the judgment debtor may be persuaded by the letter to remit the amount due, or it may lead to a payment plan or settlement. However, sending such a letter through the mail
to the judgment debtor does not
constitute a valid levy, and thus a marshal may not specify a sale date in the letter, nor may the letter purport to levy upon property whether or not described on the execution. The Civil Practice Law and Rules (CPLR) does not provide for a fixed fee for mailing or delivering such a letter, and therefore marshals shall not charge such a fee for this service.