We Defend You Against
City Marshal Henry Daly
You have likely received a "NOTICE OF GARNISHMENT," which gives you 20 days to voluntarily pay the judgment before Marshal Daly directly serves the attached "INCOME EXECUTION" on your employer.
An "income execution" is the legal document that initiates the "wage garnishment" process. The NOTICE OF GARNISHMENT instructs you to pay 10% of all your income, including salary, wages, or any other earnings. If you fail to do so, the Income Execution will be directly served to your employer, who will then be required to forward 10% of your paycheck to the marshal before you receive your payment.
Ways to stop the garnishment:
- Obtain a court order or stipulation vacating the court judgment (what we do).
- Pay off the judgment directly with the Marshal.
- Enter into an agreement with the plaintiff's attorneys to pay the judgment and/or hold the judgment in abeyance (suspension) while you pay off the judgment.
More information about what is happening, and how much can be taken from your wages:
- Receive a Notice of Garnishment? Here’s a Summary of New York Law
- How much of my wages can be garnished? Summary of New York Law
- Vacating a Default Judgment in New York: 8 Fine Points
Quick Facts about New York City Marshals:
- New York City Marshals have been categorized as civil law enforcement officers, public officers, and ministerial officers.
- New York City Marshals collect court-ordered fees for private litigants whose judgments they enforce; Marshals also collect 5% "poundage" on top of that.
- New York City Marshals may seize money, movable property (for instance, inventory from a business), vehicles, and return possession of rental premises to landlord (evictions).
- New York City Marshals of the City Civil Court have the same powers and duties as Sheriffs of the Supreme Courts.
- New York City Marshals are appointed by the mayor.
- New York City Marshals' fees are granted by statute.
- Marshals' official activities are bonded to guard against malfeasance or nonfeasance.
- A marshal has the power to serve execution notices and physically levy property.
- Marshals must keep detailed records subject to review by the appellate division.
- City marshals pay an annual fee and percentage of their gross fees to New York City.
- Marshals are authorized and controlled by the New York City Civil Court Act.
What is the Poundage Rate for a New York City Marshal?
A marshal is entitled to levy a 5% poundage on the entire amount recovered, inclusive of fees and expenses. When a settlement is reached after a levy, poundage is applicable to the smaller of the judgment or settlement sum. If an execution is nullified after a levy, the poundage is calculated based on the value of the levied property, up to the execution sum. Marshals must actively participate in the judgment collection process to claim poundage, as outlined in CPLR § 8012. Generally, the judgment debtor bears the responsibility of paying the poundage, unless a different arrangement is specified by a court or an agreement.
A Guide to Wage Garnishment Laws in New York
- Per New York law (N.Y. C.P.L.R. 5231 (b)), if you have a debt, a maximum of 10% of your earnings can be garnished to settle it.
- The judgment creditor is not allowed to deduct money from your weekly wages unless the remaining amount after taxes and other deductions exceeds 30 times the federal or state minimum wage (N.Y. C.P.L.R. 5231 (b)(i)).
- The weekly deduction cannot exceed 25% of the post-tax amount, or the sum exceeding 30 times the minimum wage - whichever is lesser (N.Y. C.P.L.R. 5231 (b)(ii)).
- If you are also making alimony or child support payments, the garnishment cannot exceed 25% of your post-tax earnings minus those payments (N.Y. C.P.L.R. 5231 (b)(iii)). In this scenario, "earnings" refers to the compensation received for work performed, and "disposable earnings" refers to the amount remaining after all lawful deductions (N.Y. C.P.L.R. 5231(c)).
If you need help, complete this intake form.
Henry Daly
Badge No. 39
Marshal
City of New York
One Cross Island Plaza
Rosedale, NY 11422
