A New York Writ of Execution is a court order that directs a sheriff or other law enforcement officer to seize a person's property and sell it in order to satisfy a judgment. It is most commonly used when a debtor fails to make payments on a court-ordered debt. There are two types of New York Writ of Execution: one for the seizure of personal property, and one for the seizure of real property. The Writ of Execution for personal property can be used to seize items such as cash, bank accounts, motor vehicles, jewelry, and other personal possessions. The Writ of Execution for real property can be used to seize homes, land, and other real estate. In both cases, the proceeds from the sale of the seized property are used to satisfy the judgment.
New York Writ of Execution
State:
New York
Control #:
NY-ED-43
Format:
PDF
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Writ of Execution
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FAQ
FILING AN INCOME EXECUTION The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment. The judgment creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment.
Default Judgments The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.
A WRIT OF EXECUTION must be submitted to the Clerk's Office in paper form and include an original signature from the attorney. The Writ may be mailed to the Orders and Judgments Clerk with a stamped, self-addressed return envelope, or hand delivered.
Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).
Following a court ruling, judgment debtors must file a financial disclosure report listing their assets, or a judge may order a debtor to appear in court for a debtor's examination. You can collect on a judgment by filing a lien, seizing the debtor's assets or renewing the judgment.
New York Judgment Statute of Limitations The statute of limitations for collecting on a New York judgment is 20 years, which starts the day the judgment creditor is first able to collect on the judgment. This timeline can sometimes be restarted.
New York is one of the few States where judgment creditors (meaning creditors, or their debt collectors, who have attained a judgment against a debtor for unpaid debts) are required to take certain steps before being able to levy against or restrain a debtor's bank account.
In lawsuits for nonpayment of debt, this means the plaintiff creditor will get the right to collect the money they claim they're owed, plus interest and court costs, typically. This often leads to a hefty default judgment being entered against the defendant ? the person who fell behind on their debt payments.