NEW YORK CITY MARSHAL'S OFFICE

Wage Garnishment & Bank Levies

Have you received a bank levy or garnishment notice from the New York City Marshal's office? Are they trying to execute an old judgment against your paycheck or bank account? Is your bank account FROZEN?

Debtors have rights! Defenses to your debt may exist, and you may be able to fight, discharge, or even the settle the debt at a reduced amount. At the Law Office of Simon Goldenberg PLLC, our experience debt relief lawyers help people find solution to their unsecured debts.

Even if your wages are threatened to be garnished, or your bank account is already frozen, it may not be too late to get help. We are a debt relief law firm, and can advise you as to all legal options, which may include debt defense, debt disputing, debt settlement, and bankruptcy.

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We assist with matters relating to all NYC Mashals, including:

Information on New York City Marshal's

Marshal's are empowered to execute money judgments through Income Execution and/or Property Execution (including freezing non-exempt funds in a bank account). A Marshal executing on a money judgment does not have the authority to place a levy on real property, or to sell real property.

NYC Marshal's are public officials appointed by the Mayor for a 5-year term. City Marshal's charge fees for performing certain duties, and can keep a portion of the amount that they collect. Part of their duties are to enforce money judgments in New York City Civil Courts, Supreme Courts, and Family Court. The fees that they charged are fixed, and are outlined in the NYCPLR §8011-8012 and NYCCA §1915.

In addition to the fees charged, a Marshal can retain 5% of any judgment collected. This amount is also known as poundage.

A wage garnishment is not to exceed 10% of the debtors gross wages, per pay check. Furthermore, certain limitations and protections apply to judgment debtors that are in the armed forces, or have certain exempt income, such as Social Security Income.

Every year, the NYC Marshal's offices works with law firms across New York City to execute judgments against debtors by restraining funds in bank accounts a garnishing wages. Marshal's may assist any judgment creditors, whether they are a debt buyer, original creditor, or legal assignee.

Are you looking for a Marshal in Brooklyn, Queens, Bronx, Staten Island, Manhattan, or Long Island?

Although a New York City Marshal may have an office in a particular area of NY, the Marshals power is not restricted to the area where their office is located. For example, a Marshal that maintains an office in Queens, NY has the power to enforce and execute upon money judgments in all areas of NYC, including Brooklyn, Bronx, and even Long Island.

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How does a New York Marshal garnish someone's paycheck?

• 1. For private (non-governmental) debts, the process would start with a lawsuit to collect the debt in Civil, Supreme, or District court.
• 2. The lawsuit must result in a judgment in order for a wage garnishment to be initiated. It doesn't quite matter whether the judgment was entered "on default" or otherwise, as wages can be garnished either way. However, there may be additional resolution options available in the event of a default judgment.
• 3. The creditor, or their attorneys, would send a Notice of Income Execution to a Marshal to inform them that the judgment was entered and that they are order to garnish the debtors wages.
• 4. The NYC Marshal is then required to send a copy of the Income Execution Notice, and the exemption claim form, within 20 days. This is sometimes considered a "stage 1" wage garnishment, where there still may be a possibility of resolving the matter prior to the commencement of the actual garnishment.
• 5. If the debtor does not respond within 20 days of the notice, then the Marshal may serve theIncome Execution onto the debtor's employer to begin the garnishment.

If you are faced with a judgment execution notice from a New York City Marshal, call our office today for a free case evaluation.