2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5230 - 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. 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. 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.