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Income Execution to Garnishee Wages
(Getting the money you won by ordering his employer to deduct monies from his weekly wages)

(based on the book: Small Claims Court Step-by-Step by Dr. Ted Rothstein)

See additional information of the ""Property Execution"" below

    SEE WHAT A SMALL CLAIMS COURT JUDGMENT LOOKS LIKE; PAY ATTENTION TO THE BACK

FLOW CHART FOR OBTAINING THE JUDGMENT AND THEN HOW TO COLLECT ON IT

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-$23).  If/When you win a judgment act with the least possible delay and begin your collection efforts.  I urge you to follow this advice because people move, declare bankruptcy and sometimes move their funds to a different bank. For example from Citibank to WAMU. When that happens you have only one move left... 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 still another $25 The result of taking this action is that judgment gets recorded in the records of all the credit agencies. Consequently, when the JD applies for a bank loan, or a credit card he will be turned down flat because his your judgment had been recorded in the records they keep. The only way the JD can restore his integrity with the credit agencies is to pay the judgment. :-)

What you need to expedite the IE:

1. The judgment you received stating the amount you won. Indeed you should read the small print on the judgment because it gives you very valuable information on how to proceed. 

2. The judgment debtor's (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.

4. The judgment debtor's place of employment.  It is important to 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.

If you have legal savvy you can file the forms yourself and save the Marshal's fee. However, I recommend you go the easiest route possible and that is to use the service of a City Marshal (Yellow pages "City Marshal") NYC Marshals.

Here is one I have used:

The City Marshal charges a fee of about $73.47 dollars of which $30 is returned to you along with amount of money you collect from the JD.

The marshal begins the process by contacting the JD in the event he can convince the debtor to pay under the threat of a garnishee.  If the debtor cannot be convinced to make payment the marshal will serve upon the JD's employer  the proper legal document: This document can be purchased at a stationary store that sells legal forms. It is known as "Blumberg Form T 239"--(Income Execution CPRL § 5231. Civil Court, 4-91).  http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS  Choose "CVP"    If you read the smallest print on the top of this form it says: "5 blanks suggested: original: office copy; two copies for debtor and one for garnishee if officer cannot serve personally".  Got the picture? Use the Marshal he is a professional who has the process down to a science.

Legal actions take time so don't expect to see any payments for 2-3 months.  The JD's employer is legally obliged to deduct 10-15% of the JD's salary check until the amount owed is paid up.  The employer sends the money to the Marshal who takes that part of it he is entitled to as compensation for his services and sends you the remainder. 

You will eventually receive the  entire amount of the money you won, and in addition $30 of the fee you had to pay the marshal to effectuate the Income Execution ($73.47).

You will need to send the Marshal:
A copy of the judgment and a check for $73.47 and the information noted above in 2, 3 and 4.

The Marshal's fee ("poundage") is 5% of whatever he collects for. It is important to note that his 5% fee is not a deduction from the amount that is owed to you. It is an additional charge to the judgment debtor-- the person who owes you the the money you were awarded on as stated on the the Judgment itself.

Furthermore, any money that you won in the judgment accrues interest at 9% annually. Indeed the Marshal's poundage fee accrues the same interest  as well.

The information above is base on actual experience. However, it should be noted that author is NOT A LAWYER  and the  information provide here may contain inadvertent errors or cover instances where it does not apply.

I offer one very good piece of advice. Begin your action immediately upon obtaining your judgment. The JD is usually allowed 30-day grace period before you may take action.  However, upon receiving your judgment  immediately send the JD a request for payment of the money you were awarded on the judgment. Preferably by return receipt registered mail and regular mail.  You are at liberty to indicate in that letter that you are preparing to have the city marshal begin a garnishee of the JD's salary. Sometimes that is enough to make the JD decide it is preferable to pay you immediately.

Property Execution  (confiscating monies held in the JD's checking or saving account)

See also: HOW TO FILE A SUBPOENA FOR INFORMATION to learn where the JD banks or works

Still another way the city marshal has to get the JD to pay you through the Property Execution:

The form that is used is Blumberg form B 320 (Execution with Notice to Garnishee)   At the very top of this form in the smallest letters possible it says: Income Execution against Property, to sheriff, marshal; Notice to Garnishee: 6 blanks suggested: original; office copy; 2 copies each for debtor and  garnishee if officer cannot serve personally. 9-82

The format for these Blumberg forms are based on rules presented in the "CPRL"  this form conforms to the instructions set forth at CPRL § 522(e)

 For the avid, go see: Civil Practice Law and Rules (CPLR)   http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS Choose "CVP"   This is the "bible" when you need to know NY state's rules of court procedures when pursuing a civil case (Small Claims Court is a subdivision of Civil Court).  If link does not work copy and paste in your browser.

This time you will need to supply the marshal with the  a copy of the judgment, JD's name and  the name of the bank where he has a checking or savings account in (it's help to know the branch, but  not essential) and his bank checking or savings account number. in addition to 2, 3 and 4 above. Providing the JD's social security number is very helpful and sometimes vital for bank to make a proper identification.  If you often have transactions where you accept  checks it is wise to make a copy of the first check and save it in your records. "You never know" as the NYS lottery ad says.

Special note:  if you cannot supply the name of the JD's bank (you do not need to know the branch address) go to HOW TO FILE A SUBPOENA FOR INFORMATION

HOW TO PURCHASE THIS BOOK NEW
Small Claims Court Step by Step by Dr. Ted Rothstein (ISBN # is 0-7641-9157-8) is published by Barron’s Educational series and listed in their catalogue under the heading “Legal-Ease Series” and is a  print-on demand (POD) book i.e., it is stored electronically and printed one at time as ordered by individuals, booksellers, and librarians. HOWEVER, this book CANNOT be ordered directly from Barron’s. You must purchase it through any bookstore (Amazon?) or library that places special orders with INGRAM Book Company, parent company of Lightning Source Inc. SEE (18 customer reviews)

Posted February 13, 2009