Sheriff - Small Claims Court

At the conclusion of a Small Claims Court action, both parties to the action receive a Notice of Judgment from the court, stating the court's decision to award money to one party. If the party who must pay (called "the debtor") turns over the money willingly, the person awarded the money (called "the creditor") doesn't need the Sheriff to collect the judgment. However, if the debtor refuses to pay, a Deputy Sheriff (or City Marshal) in the county where the judgment is to be executed can seize the person's assets.

An income execution is an order for ongoing payments, for example, if the court awards you the other party's dividends on a brokerage account or pension checks.  A property execution is also money, but it is a one-time payment, such as a refund for services not rendered.

To request the assistance of a New York City Deputy Sheriff or a City Marshal in enforcing a Small Claims Court judgment, you must submit a Request for an Execution from NYC Small Claims or Civil Court form with the Notice of Judgment you received.  This form includes information on the debtor's assets – what the debtor has and where it can be found (See "Obtaining Information About a Debtor's Assets" below).  The Sheriff or Marshal does not look for the debtor's assets.

Then the enforcement officer must request an Execution from the court.  An Execution gives the Sheriff the legal authority to collect the judgment for you.

Obtaining Information About a Debtor's Assets
If you have asked the Sheriff to execute a judgment to seize assets, you must provide as much information about the location of the debtor's assets as possible, such as:

• Bank accounts (bank names, account numbers, savings/checking);
• Brokerage accounts and securities holdings (companies, account numbers);
• Real estate holdings (addresses);
• Vehicles owned (makes/models, years, license plate numbers); and
• Business holdings (Does debtor own any businesses? Names, addresses).

You may know some of this information or be able to find it on statements, canceled checks, bills, or other papers you have in your records. You can check with the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car that is registered in the state. Most important, you can obtain an "Information Subpoena," which is a legal document that requires a person (or business entity) to answer questions about their assets. The Small Claims Court Clerk can advise you about this process.

For more information, visit the New York City Small Claims Court website.

Forms

Request for an Execution from NYC Small Claims or Civil Court
Download Form (61k)

Fee
Enclose a check or money order for $30.00 (for an Income Execution) or $25.00 (for a Property Execution), payable to "NYC Office of the Sheriff."