N.Y. CPLR § 5230

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5230 Executions § 5230. Executions. (a) Form. An execution shall specify the datethat the judgment or order was entered, the court in which it wasentered, the amount of the judgment or order, the applicable interestrate and the date as of which the new interest rate applies if theinterest rate for consumer debt pursuant to section five thousand fourof this chapter applies and the amount due thereon and it shall specifythe names of the parties in whose favor and against whom the judgment ororder was entered. If the applicable interest rate changes pursuant tosection five thousand four of this chapter while an execution isongoing, the judgment creditor shall issue an amended execution withinsixty days of the effective date of the chapter of the laws of twothousand twenty-one which amended this subdivision, effective as of thedate of the rate change. An execution shall direct that only theproperty in which a named judgment debtor or obligor who is not deceasedhas an interest, or the debts owed to the named judgment debtor orobligor, be levied upon or sold thereunder and shall specify the lastknown address of that judgment debtor or obligor. Except in cases whenthe state of New York, or any of its agencies or municipal corporationsis the judgment creditor, or if the debt enforced is for child support,spousal support, maintenance or alimony, provided that in thoseinstances the execution contains a legend at the top thereof, above thecaption, in sixteen point bold type with the following language: "Thejudgment creditor is the state of New York, or any of its agencies ormunicipal corporations, AND/OR the debt enforced is for child support,spousal support, maintenance or alimony.", an execution notice shallstate that, pursuant to subdivision (l) of section fi nicipal corporations, AND/OR the debt enforced is for child support,spousal support, maintenance or alimony.", an execution notice shallstate that, pursuant to subdivision (l) of section fifty-two hundredfive of this article, two thousand five hundred dollars of an accountcontaining direct deposit or electronic payments reasonably identifiableas statutorily exempt payments, as defined in paragraph two ofsubdivision (l) of section fifty-two hundred five of this article, isexempt from execution and that the garnishee cannot levy upon orrestrain two thousand five hundred dollars in such an account. Except incases when the state of New York, or any of its agencies or municipalcorporations is the judgment creditor, or if the debt enforced is forchild support, spousal support, maintenance or alimony, provided that inthose instances the execution contains a legend at the top thereof,above the caption, in sixteen point bold type with the followinglanguage: "The judgment creditor is the state of New York, or any of itsagencies or municipal corporations, AND/OR the debt enforced is forchild support, spousal support, maintenance or alimony.", an executionnotice shall likewise state that pursuant to subdivision (i) of sectionfifty-two hundred twenty-two of this article, an execution shall notapply to an amount equal to or less than ninety percent of the greaterof two hundred forty times the federal minimum hourly wage prescribed inthe Fair Labor Standards Act of 1938 or two hundred forty times thestate minimum hourly wage prescribed in section six hundred fifty-two ofthe labor law as in effect at the time the earnings are payable, exceptsuch part as a court determines to be unnecessary for the reasonablerequirements of the judgment debtor and his or her dependents. Where thejudgment or order was entered in a court other than the supreme, countyor a family court, the execution shall easonablerequirements of the judgment debtor and his or her dependents. Where thejudgment or order was entered in a court other than the supreme, countyor a family court, the execution shall also specify the date on which atranscript of the judgment or order was filed with the clerk of thecounty in which the judgment was entered. Where jurisdiction in theaction was based upon a levy upon property or debt pursuant to an orderof attachment, the execution shall also state that fact, describe allproperty and debts levied upon, and direct that only such property anddebts be sold thereunder. Where the judgment or order was recovered forall or part of a mortgage debt, the execution shall also describe themortgaged property, specify the book and page where the mortgage isrecorded, and direct that no part of the mortgaged property be leviedupon or sold thereunder.(b) Issuance. At any time before a judgment or order --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only is satisfied orvacated, an execution may be issued from the supreme court, county courtor a family court, in the county in which the judgment was firstdocketed, by the clerk of the court or the attorney for the judgmentcreditor as officer of the court, to the sheriffs of one or morecounties of the state, directing each of them to satisfy the judgment ororder out of the real and personal property of the judgment debtor orobligor and the debts due to him or her. Provided, however, if theapplicable interest rate changes pursuant to section five thousand fourof this chapter while an execution is ongoing, the clerk of the court ofthe supreme court, county court or a family court, in the county inwhich the judgment was first docketed, or the attorney for the judgmentcreditor as officer of the court, shall be authorized to issue anamended execution to the sheriffs of one or more counti y inwhich the judgment was first docketed, or the attorney for the judgmentcreditor as officer of the court, shall be authorized to issue anamended execution to the sheriffs of one or more counties of the stateand shall issue an amended execution within sixty days of the effectivedate of the chapter of the laws of two thousand twenty-one which amendedthis subdivision, effective as of the date of the rate change. Where thejudgment or order is for support and is payable to the supportcollection unit designated by the appropriate social services district,such unit shall be authorized to issue the execution and to satisfy thejudgment or order out of the real and personal property of the judgmentdebtor or obligor and the debts due to him or her.(c) Return. An execution shall be returned to the clerk of the courtfrom which it was issued or to the support collection unit within sixtydays after issuance unless the execution has been served in accordancewith section 5231 or subdivision (a) of section 5232. The time may beextended in writing for a period of not more than sixty additional daysby the attorney for the judgment creditor or by the support collectionunit. Further like extensions may be given by the attorney for thejudgment creditor or by the support collection unit unless anotherexecution against the same judgment debtor or obligor has been deliveredto the same enforcement officer and has not been returned.(d) Records of sheriff or support collection unit. Each sheriff orsupport collection unit shall keep a record of executions deliveredshowing the names of the parties and the judgment debtor or obligor; thedates of issue and return; the date and time of delivery, which shall beendorsed upon the execution; the amount due at the time the executionwas delivered; and the amount of the judgment or order and of thesheriff's fees unpaid, if any, at the time of the return.(e) For the n the execution; the amount due at the time the executionwas delivered; and the amount of the judgment or order and of thesheriff's fees unpaid, if any, at the time of the return.(e) For the purposes of this section "order" shall mean an orderissued by a court of competent jurisdiction directing the payment ofsupport, alimony or maintenance upon which a "default" as defined inparagraph seven of subdivision (a) of section fifty-two hundredforty-one of this article has been established subject to the proceduresestablished for the determination of a "mistake of fact" for incomeexecutions pursuant to subdivision (e) of section fifty-two hundredforty-one of this article, except that for the purposes of this sectiononly, a default shall not be founded upon retroactive child supportobligations as defined in paragraph (a) of subdivision one of sectionfour hundred forty of the family court act and subdivision one ofsection two hundred forty, and paragraph b of subdivision nine ofsection two hundred thirty-six of the domestic relations law. 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