N.Y. Civil Practice Law & Rules § 5230: Executions

§ 5230. Executions. (a) Form. An execution shall specify the date

that the judgment or order was entered, the court in which it was

entered, the amount of the judgment or order, the applicable interest

rate and the date as of which the new interest rate applies if the

interest rate for consumer debt pursuant to section five thousand four

of this chapter applies and the amount due thereon and it shall specify

the names of the parties in whose favor and against whom the judgment or

order was entered. If the applicable interest rate changes pursuant to

section five thousand four of this chapter while an execution is

ongoing, the judgment creditor shall issue an amended execution within

sixty days of the effective date of the chapter of the laws of two

thousand twenty-one which amended this subdivision, effective as of the

date of the rate change. An execution shall direct that only the

property in which a named judgment debtor or obligor who is not deceased

has an interest, or the debts owed to the named judgment debtor or

obligor, be levied upon or sold thereunder and shall specify the last

known address of that judgment debtor or obligor. Except in cases when

the state of New York, or any of its agencies or municipal corporations

is the judgment creditor, or if the debt enforced is for child support,

spousal support, maintenance or alimony, provided that in those

instances the execution contains a legend at the top thereof, above the

caption, in sixteen point bold type with the following language: "The

judgment creditor is the state of New York, or any of its agencies or

municipal corporations, AND/OR the debt enforced is for child support,

spousal support, maintenance or alimony.", an execution notice shall

state that, pursuant to subdivision (l) of section fifty-two hundred

five of this article, two thousand five hundred dollars of an account

containing direct deposit or electronic payments reasonably identifiable

as statutorily exempt payments, as defined in paragraph two of

subdivision (l) of section fifty-two hundred five of this article, is

exempt from execution and that the garnishee cannot levy upon or

restrain two thousand five hundred dollars in such an account. Except in

cases when the state of New York, or any of its agencies or municipal

corporations is the judgment creditor, or if the debt enforced is for

child support, spousal support, maintenance or alimony, provided that in

those instances the execution contains a legend at the top thereof,

above the caption, in sixteen point bold type with the following

language: "The judgment creditor is the state of New York, or any of its

agencies or municipal corporations, AND/OR the debt enforced is for

child support, spousal support, maintenance or alimony.", an execution

notice shall likewise state that pursuant to subdivision (i) of section

fifty-two hundred twenty-two of this article, an 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 hourly wage prescribed in

the Fair Labor Standards Act of 1938 or two hundred forty times the

state minimum hourly wage prescribed in section six hundred fifty-two of

the labor law as in effect at the time the earnings are payable, except

such part as a court determines to be unnecessary for the reasonable

requirements of the judgment debtor and his or her dependents. Where the

judgment or order was entered in a court other than the supreme, county

or a family court, the execution shall also specify the date on which a

transcript of the judgment or order was filed with the clerk of the

county in which the judgment was entered. Where jurisdiction in the

action was based upon a levy upon property or debt pursuant to an order

of attachment, the execution shall also state that fact, describe all

property and debts levied upon, and direct that only such property and

debts be sold thereunder. Where the judgment or order was recovered for

all or part of a mortgage debt, the execution shall also describe the

mortgaged property, specify the book and page where the mortgage is

recorded, and direct that no part of the mortgaged property be levied

upon or sold thereunder.

(b) Issuance. At any time before a judgment or order is satisfied or

vacated, an execution may be issued from the supreme court, county court

or a family court, in the county in which the judgment was first

docketed, by the clerk of the court or the attorney for the judgment

creditor as officer of the court, to the sheriffs of one or more

counties of the state, directing each of them to satisfy the judgment or

order out of the real and personal property of the judgment debtor or

obligor and the debts due to him or her. Provided, however, if the

applicable interest rate changes pursuant to section five thousand four

of this chapter while an execution is ongoing, the clerk of the court of

the supreme court, county court or a family court, in the county in

which the judgment was first docketed, or the attorney for the judgment

creditor as officer of the court, shall be authorized to issue an

amended execution to the sheriffs of one or more counties of the state

and shall issue an amended execution within sixty days of the effective

date of the chapter of the laws of two thousand twenty-one which amended

this subdivision, effective as of the date of the rate change. Where the

judgment or order is for support and is payable to the support

collection unit designated by the appropriate social services district,

such unit shall be authorized to issue the execution and to satisfy the

judgment or order out of the real and personal property of the judgment

debtor or obligor and the debts due to him or her.

(c) Return. An execution shall be returned to the clerk of the court

from which it was issued or to the support collection unit within sixty

days after issuance unless the execution has been served in accordance

with section 5231 or subdivision (a) of section 5232. The time may be

extended in writing for a period of not more than sixty additional days

by the attorney for the judgment creditor or by the support collection

unit. Further like extensions may be given by the attorney for the

judgment creditor or by the support collection unit unless another

execution against the same judgment debtor or obligor has been delivered

to the same enforcement officer and has not been returned.

(d) Records of sheriff or support collection unit. Each sheriff or

support collection unit shall keep a record of executions delivered

showing the names of the parties and the judgment debtor or obligor; the

dates of issue and return; the date and time of delivery, which shall be

endorsed upon the execution; the amount due at the time the execution

was delivered; and the amount of the judgment or order and of the

sheriff's fees unpaid, if any, at the time of the return.

(e) For the purposes of this section "order" shall mean an order

issued by a court of competent jurisdiction directing the payment of

support, alimony or maintenance upon which a "default" as defined in

paragraph seven of subdivision (a) of section fifty-two hundred

forty-one of this article has been established subject to the procedures

established for the determination of a "mistake of fact" for income

executions pursuant to subdivision (e) of section fifty-two hundred

forty-one of this article, except that for the purposes of this section

only, a default shall not be founded upon retroactive child support

obligations as defined in paragraph (a) of subdivision one of section

four hundred forty of the family court act and subdivision one of

section two hundred forty, and paragraph b of subdivision nine of

section two hundred thirty-six of the domestic relations law.