2023 New York Laws › CVP - Civil Practice Law and Rules › Article 52 - Enforcement of Money Judgments › 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.