Since time immemorial CPLR 5101 has always authorized enforcement of a money judgment and order directing the payment of money pursuant to any of the devices in Article 52. It permits the use of the income execution in CPLR 5231 and the disclosure devices in CPLR 5224 and 5225. CPLR 5101 is silent on who may utilize it. It is defined as the failure of a debtor to remit to a creditor three payments on the date due in the full amount directed by the order of support, or the accumulation of arrears equal to or greater than the amount directed to be paid for one month, whichever first occurs. Procedures should be adhered to.
Caution is advised.
Before an income execution, execution, levy, restraining notice or other enforcement device can be utilized the obligor must first be served with a copy of it. Notice is essential to comply with the requirement that the obligor be given 15 days from service of the notice to assert a mistake of fact, to prevent the wrongful utilization of the enforcement device. It is most advisable that the notice indicate the amount of arrears or past-due support and the method of calculation. Service of the notice by personal service is recommended. Thereafter, the agency must determine the merits of the objection, and notify the debtor of its determination within 45 days after notice to the debtor.