New York Laws
Article 52 - Enforcement of Money Judgments
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.