|If you obtain a judgment or a court order, the Sheriff is in charge for – Enforcing Judgments & Court Orders. Listed below is information from the New York County Sheriff’s office regarding enforcement.
Property and Income Executions, Order of Attachment, Order of Seizure, et. al.
Fee Schedule for Collection of Money
A service fee of five percent is charged in collection cases from an execution or attachment. However, this is usually added to the judgment debtor’s payment, not deducted from the creditor’s award.
For example, if a judgment debtor owes $100, the five percent fee will be $5. The Sheriff will collect $105 from the debtor, so the creditor receives the full $100 to which he or she is entitled.
Property Execution Fees
An income execution is an enforcement issued by the judgment creditor’s attorney as an officer of the court, or the court clerk, directing the Sheriff to satisfy a money judgment from the debtor’s income. The debtor’s earnings and State and Federal rules for payment, calculation and regulation determine the amount of each payment. Payments may be paid, voluntarily or involuntarily, to the Sheriff through payroll deductions. Income executions, which are not paid voluntarily, are served second stage on the debtor’s employer. In a second stage service, the proper amount of money is seized from the debtor’s pay. The employer is required to forward this specific amount to the Sheriff for application to the account.
Income Execution Fees
The purpose of an attachment is to seize and encumber property, which may be used to satisfy a judgment. Personal and real property can be attached and liquidated to satisfy a money judgment.
The above process is a “provisional remedy.” Anlthough the attachment is ordered by the court, it is also pre-final judgment. Any property seized is taken into the Sheriff’s custody and held until the court orders the final disposition.
Each Additional Levy Fee
Order of Seizure
The above process is a “provisional remedy.” Although the seizure is ordered by the court, it is also pre-final judgment. Any property seized is taken into the Sheriff’s custody and held until the court orders the final disposition.Property Seizure Fee
Additional Fees – Against Secondary Defendant or Party
If you have a question about collecting a judgment, contact me at the Law Office of Frederic R. Abramson at 212-233-0666