N.Y. New York City Civil Court Act § 1609: General powers, duties and liabilities of marshals; small claims judgments

§ 1609. General powers, duties and liabilities of marshals; small

claims judgments. * 1. a. The authority of a marshal extends throughout

the city of New York and all provisions of law relating to the powers,

duties and liabilities of sheriffs in like cases and in respect to the

taking and restitution of property, shall apply to marshals. Every

marshal shall keep a record of his or her official acts in such manner

as shall be prescribed by the appellate division. Such records shall

show, in addition to the official acts of the marshal, all fees and sums

received by the marshal therefor, the expenses of the marshal in

connection with the performance of his or her official duties and his

gross and net income as such marshal. The records of every marshal shall

be open to inspection by the appellate division and such officers or

employees of the court, or other persons, agencies or officials, as may

be designated by the appellate division.

b. Notwithstanding any inconsistent provision of this act or of any

other general, special or local law, code, charter, or ordinance, all

provisions of law relating to the powers, duties and liabilities of the

city sheriff in like cases in respect to the enforcement within the city

of money judgments rendered by any family court or money judgments

entered in any supreme court or docketed with the clerk of any county,

shall apply to marshals, except that city marshals shall have no power

to levy upon or sell real property and city marshals shall have no power

of arrest.

* NB Effective until June 30, 2028

* 1. The authority of a marshal extends throughout the city of New

York and all provisions of law relating to the powers, duties and

liabilities of sheriffs in like cases and in respect to the taking and

restitution of property, shall apply to marshals. Every marshal shall

keep a record of his or her official acts in such manner as shall be

prescribed by the appellate division. Such records shall show, in

addition to the official acts of the marshal, all fees and sums received

by the marshal therefor, the expenses of the marshal in connection with

the performance of his or her official duties and his gross and net

income as such marshal. The records of every marshal shall be open to

inspection by the appellate division and such officers or employees of

the court, or other persons, agencies or officials, as may be designated

by the appellate division.

* NB Effective June 30, 2028

2. The appellate division shall promulgate rules and regulations

concerning performance of official duties of marshals.

3. a. The appellate division shall promulgate rules and regulations

providing for the assignment of specified marshals on a rotating basis

during fixed time periods, to the task of executing and enforcing small

claims judgments within the city of New York whenever executions of such

judgments are delivered to such marshals in accordance with law. Such

rules and regulations shall include provisions requiring such marshals

to submit quarterly reports to an agency designated by the appellate

division, reporting each such judgment collected and each unsuccessful

attempt at collection and the reason or reasons for any lack of success

at collection.

b. The clerk of the small claims part in each county shall freely

distribute to litigants copies of a list of the names, office addresses

and phone numbers and dates and counties of assignment of all marshals

currently assigned within the city of New York pursuant to this

subdivision. He shall also provide to litigants a list, in a form

approved by the appellate division, containing information which a

judgment creditor should provide to a marshal to assist him or her in

the execution or enforcement of a judgment.