INCOME EXECUTION TO GARNISHEE WAGES
(Getting the money you won by ordering the judgment debtor's
employer to deduct monies from weekly wages)
(To seize the assets in the judgment debtor's bank)
(Based on the book: Small Claims Court Step-by-Step by Dr. Ted Rothstein)
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This is a multi-page document. Begin by perusing all the pages (text and forms) contained herein and then begin reading carefully at the "start."
START: A word to the wise: If someone owes you money, and you are becoming alarmed you are not going to be paid, file a claim in the small claims court in the shortest possible delay (cost $15-$32.60). If/when you win a judgment act with the least possible delay and begin your collection efforts by immediately sending a "Demand Payment" letter PLDZ-5 . I urge you to follow this advice because people relocate, declare bankruptcy and sometimes shift funds to a different bank. For example from Citibank to Chase. When that happens there is only one action to take. File an "official copy" (cost $20) of your judgment in the Count Clerk's office (Brooklyn: basement level of 360 Adams St) which will cost you another $25. The result of taking this action is that the Judgment gets recorded in the records of all the credit agencies. Consequently, when the JD (judgment debtor) applies for a bank loan, or a credit card or wants to buy a car or house the debtor will be turned down flat because your Judgment had been recorded as a LIEN on his assets. All the credit agencies (esp. Transunion, Experian, Equifax) record the Judgment on their credit report. The only way the JD can restore his integrity with the credit agencies is to "Satisfy the Judgment" i.e, pay you. :-)
What you need to have to expedite the Income Execution to garnishee debtor's wages/salary and what you need to get the debtor's bank to give you the assets the debtor owes you (assuming you have already served a Subpoena for Information on the debtor's bank (PDLZ-13).
Special note: HOW TO FILE A SUBPOENA FOR INFORMATION whether or not you know the JD's bank: This subpoena lets you locate the JD's assets if they are kept in a bank and "freezes" those assets so that the debtor cannot close his account or remove any assets from it. Indeed, the bank freezes this account for twice the amount owed to you on the judgment. That means that if you are awarded a judgment for $5000, the bank is legally obligated to freeze $10,000 of the assets in his account (assuming he has $10,000 in his account.)
1. The Judgment you received provides you with amount of money you won, the index/case number. (Read the small print on the Judgment because it gives you very valuable information on how to proceed).
2. The JD's name (the name of the defendant on the judgment).
3. The JD's residence which is the address you used to file the claim. (Marshal need the address to contact the JD.)
4. The JD's employer and/or place of employment. It is important to be accurate and as detailed as possible. If the debtor works for the city you may also have to supply the JD's social security number.
5. A completed "Income Execution" form which you will mail/bring to the Marshal who will SERVE it on the JD's EMPLOYER if he is unable to convince the JD that he should pay you. The form to use is the Blumberg (proprietary) form T239. A COMPLETED FORM IS SHOWN BELOW. You can purchase this form at a stationery store or one that sells Legal forms.
6. OR If you have located assets in the JD's bank and have frozen the funds by serving on the JD's bank a Subpoena for Information (PDLZ-13). you can now give the Marshal a completed Blumberg form B 320, "EXECUTION WITH NOTICE TO GARNISHEE". (EXAMPLE BELOW). The form can be purchased ($2.50) at a stationery store or one that sells Legal forms. (JULIUS BLUMBERG, Inc, PUBLISHER 62 White St., NY, NY 10013). The B 320 is also called a "PROPERTY EXECUTION" form
Purchase this 7-page document including three forms