A New York Writ of Execution Against Property is a court document issued by a judge in the state of New York that allows a creditor to recover a debt owed to them by seizing the debtor’s property. The writ is issued by the court to a sheriff, marshal, or other law enforcement officer, who then serves the writ on the debtor and/or their property. If the debtor does not pay the debt, then the creditor is entitled to take possession of the property and sell it in order to satisfy the debt. There are four types of writs of execution against property in New York: a general writ of execution, a writ of execution against real property, a writ of execution against personal property, and a writ of execution against wages.
New York Writ of Execution Against Property
State:
New York
Control #:
NY-SD-776
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PDF
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Writ of Execution Against Property
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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.
Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.
This is a court order that allows a sheriff or another authority to seize the debtor's property to be sold at a sheriff's sale, the proceeds of which are then used to pay back debts.
In New York, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. In addition, New York allows judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
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.
In New York, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. In addition, New York allows judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
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.