New York City Marshal No. 11
Money Judgment Enforcement In New York City
Marshal David Fraiden’s office handles money judgment enforcement matters across New York City, including Manhattan, Brooklyn, Queens, the Bronx and Staten Island.
What Is Money Judgment Enforcement?
A money judgment is a legal decision that says one person or business owes money to another person or business.
If the money is not paid, the creditor or attorney may ask an enforcement officer, such as a New York City Marshal, to help collect it.
To do that, the marshal needs the proper court document, called an execution, and available information about where income, money or personal property may be found.
Money judgment enforcement can involve income executions, property executions, bank levy-related matters, personal property levy issues and the post-judgment recovery process.
Income Executions
An income execution is a court-authorized process used to collect part of a judgment debtor’s wages.
People often think of this as wage garnishment. In New York marshal process language, the relevant term is income execution.
If employer information is available and legal requirements are met, a portion of wages may be collected through the marshal process and applied toward the money judgment.
This type of matter usually depends on employer information, proper paperwork, required notices, required time periods and legal limits on wage deductions.
Property Executions And Bank Levy-Related Matters
A property execution is a court-authorized process used to collect from personal property, money or debts owed to the judgment debtor.
In plain English, this can include money held in a bank account, business equipment, vehicles or other personal property when the judgment creditor or attorney has identified the asset and provided the required information.
Bank levy-related matters are one common type of property execution inquiry.
City Marshals cannot levy on or sell real property.
How The Money Judgment Enforcement Process Works
Every judgment is different, but most money judgment enforcement matters follow a similar path.
The Judgment Is Reviewed
Before enforcement can begin, the office needs to understand the judgment, the court that issued it, the amount owed and whether the proper documents are available.
Available Debtor Information Is Identified
Judgment enforcement works best when the creditor, attorney or representative has useful information about the judgment debtor. This may include an address, employer, bank information, business location or known personal property.
The Appropriate Enforcement Method Is Considered
Depending on the information available, a money judgment may involve different enforcement tools, including income execution, property execution, bank levy-related matters or other court-authorized enforcement steps.
Required Notices, Waiting Periods and Procedures Are Followed
Before certain enforcement steps can move forward, required notices must be served and required time periods may need to pass. The clocks are on Filing Requirements And Timelines. Some income and property may also be protected by law. The marshal must follow applicable court requirements, notice rules and legal limits before taking the next enforcement step.
Enforcement Moves Forward
Once the required documents, information and procedures are in place, the marshal may take the appropriate next step to enforce the judgment. If money is collected, required accounting and remittance procedures apply.
After the attorney, judgment creditor or representative provides the required information, the office works to move eligible matters forward promptly and with clear communication. The office acts promptly on every matter, and each step follows the time limits set by law and by the court order in that matter.
Information To Have Ready When Contacting Marshal Fraiden's Office
You do not need to have every detail before reaching out. The information below can help the office understand the inquiry.
Useful information includes, when available:
- The judgment, the court that issued it, the amount owed and any execution already issued.
- The debtor’s name, last known address and, where relevant, employer or bank information.
- Whether the matter has already been delivered to another marshal, sheriff or enforcement officer.
The full list by matter type is on our Filing Requirements And Timelines page, which has a printable checklist for each kind of matter.
This information matters because collection cannot be guaranteed. The judgment creditor, attorney or representative is responsible for providing available employer, bank or asset information. A City Marshal is prohibited from searching for debtor assets.
To learn more about Marshal Fraiden’s background and experience, visit About Marshal Fraiden.
Fees And Poundage
Marshal fees and poundage are fixed by New York State law, CPLR 8011 and CPLR 8012, and by the New York City Marshals Handbook, not by this office. New York City’s Civil Court Act applies the sheriff’s fee schedule to City marshals, NYC Civil Court Act 1915. Certain fees and expenses are payable in advance.
Poundage is a percentage of the money actually collected on an execution, earned only after the office has acted on the paper. If the parties settle after the execution is served or a levy is made, poundage is still owed, on the judgment or the settlement, whichever is less. The judgment debtor pays poundage unless a settlement agreement apportions it or a court decides which party is responsible.
The office can explain the fees and expenses that apply to a matter before it acts, as the Department of Investigation requires. For the schedule, see the statute and the Department of Investigation’s judgments FAQ. No dollar amount appears on this site because three official sources state different figures and the statute controls.
For more on fees, poundage and reimbursable expenses, visit our FAQ page.