New York > General
Execution Against Property With Notice To Garnishee (Notice Per CPLR 5222 Not Served) - New York
| Execution Against Property With Notice To Garnishee (Notice Per CPLR 5222 Not Served) Form. This is a New York form and can be used in General . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
COURT COUNTY OF ...................................................... : : : Index No. -against- Plaintiff(s) : : : : : (Notice Per CPLR § 5222 Not Served) EXECUTION AGAINST PROPERTY WITH NOTICE TO GARNISHEE Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO THE ENFORCEMENT OFFICER *, GREETING: between WHEREAS, in an action in the Court County of , 20 as plaintiff(s) and as defendant(s), in favor of the Judgment Creditor, the Judgment Debtor, who are all the parties to the said action, a judgment was entered therein on and against whose last known address is for the sum of $ WHEREAS, $ and of the said sum is now due and owing with interest from , 20 with the Clerk of the County of and WHEREAS, a transcript of the judgment was filed on in which County the judgment was entered.** NOW, THEREFORE, WE COMMAND YOU, to satisfy the said judgment out of the real and personal property in which the above named Judgment Debtor who is not deceased, has an interest, or the debts owed to such Judgment Debtor shall be levied upon or sold hereunder; and return a copy of this Execution with the transfer or payment. YOU ARE FURTHER COMMANDED that whereas a Notice in the form required by CPLR § 5222(e) has not been been duly served upon the Judgment Debtor within the past year, to mail by first class mail, or personally deliver to each Judgment Debtor that is a natural person, no later than four days after service of the Execution upon the Garnishee hereunder, a copy of this Execution together with a Notice in the form required by CPLR § 5222(e); and specify on the said Notice to the Judgment Debtor the name and address of the Judgment Creditor or the Judgment Creditor's attorney; the Notice shall be mailed to the Judgment Debtor at his/her residence address and in the event such mailing is returned as undeliverable by the post office, or if the residence address of the Judgment Debtor is unknown, then to the Judgment Debtor in care of the place of employment of the Judgment Debtor if known, in an envelope bearing the legend ''personal and confidential'' and not indicating on the outside thereof, by the return address or otherwise, that the communication is from an Enforcement Officer or concerns a debt; or if neither the residence nor the place of employment of the Judgment Debtor is known, then to the Judgment Debtor at any other known address.*** CPLR § 5205(l)(1) states in part: "If direct deposit or electronic payments reasonably identifiable as statutorily exempt payments were made to the judgment debtor's account in any banking institution during the forty-five day period preceding the date a restraining notice was served on the banking institution or an execution was served upon the banking institution by a marshal or sheriff, then two thousand five hundred dollars in the judgment debtor's account is exempt from application to the satisfaction of a money judgment." ["Statutorily exempt payments" is defined in CPLR § 5205(l)(2).] American LegalNet, Inc. www.FormsWorkflow.com CPLR § 5222(i) states in part, "Where a judgment debtor's account contains 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 (as published on the websites of the United States department of labor and the state department of labor), the account shall not be restrained and the restraining notice shall be deemed void, except as to those funds that a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents." NOTICE TO GARNISHEE TO: ADDRESS: WHEREAS, it appears that you are indebted to the above named Judgment Debtor or are in possession or custody of property not capable of delivery in which the Judgment Debtor has an interest, including but not limited to: [Note specified debt or property, if any.] NOW, THEREFORE, YOU ARE REQUIRED, by CPLR § 5232(a) to forthwith transfer to the Enforcement Officer serving this Execution on you, all such property not capable of delivery in which the Judgment Debtor is known or believed to have an interest in or hereafter coming into your possession or custody including any specified (above) in this Notice; and pay to the Enforcement Officer all such debts upon maturity; and execute any document necessary to effect such transfer or payment; AND TAKE NOTICE that until such transfer or payment is made, or until the expiration of 90 days after the service of this Execution upon you, or of such further time as provided by any order of the court served upon you, whichever event first occurs, you are forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the Enforcement Officer, except upon direction of the Enforcement Officer or pursuant to an order of the court; AND TAKE FURTHER NOTICE that at the expiration of 90 days after a levy is made by service of this Execution, or of such further time as the court, upon motion of the Judgment Creditor herein has provided, the levy shall be void except as to property or debts which have been transferred or paid to the Enforcement Officer or as to which a proceeding under CPLR §§ 5225 or 5227 has been brought. Dated: (Attorney for Judgment Creditor must sign above and type name below) Attorney(s) for Judgment Creditor Office and P.O. Address Telephone No.: * ''Enforcement Officer'' refers to a Sheriff, New York City Marshal or Constable of the Town or Village authorized by law to enforce income executions, and of the county in which the judgment debtor resides or, where the judgment debtor is a non-resident, the county in which the judgment debtor is employed. Only necessary if action is NOT in Supreme, County or Family Court. See American LegalNet, Inc. form for Execution on Property with Notice to Garnishee where notice has been served on judgment debtor within the past year. Provide specified debt or property, if any. American LegalNet, Inc. www.FormsWorkflow.com ** *** ****
|
|||||||
