2006 New York Code - Executions.



 
    § 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 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. 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. 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. 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.

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