Section 1: GENERALLY
Levy and Sale is a manner of collecting a money judgment which gives the judgment debtor the option of paying the city marshal or having some of his or her personal property levied upon and sold at auction.
Before a marshal may make a levy, he or she must obtain a property execution from the clerk of the court where the judgment was docketed or from the judgment creditor's attorney. A property execution is a mandate to the marshal to satisfy a money judgment out of the personal property of the judgment debtor and any debts due to the debtor. An execution may be issued only by the judgment creditor's attorney or by the clerk of the court in the county where the judgment was first docketed. A city marshal who is also an attorney may not serve as an attorney for a judgment creditor and therefore may not issue an execution. The Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York has opined that a marshal’s issuing an execution as an attorney and then enforcing it as a marshal would constitute an ethical violation, since “[a] marshal is an officer of the Court, and an obligation to act impartially is implicit in the office.”
Marshals are enforcement officers of the New York City Civil Court, and as such have the power to levy upon property pursuant to executions issued out of the Civil Court. In addition, current legislation has extended the power of marshals to enforce money judgments rendered by any Family Court or entered in any Supreme Court or docketed with the clerk of any county.Marshals may levy only against personal property of debtors and not against real property.Moreover, a marshal's jurisdiction and authority to serve executions against personal property, as well as all other mandates and processes, extends through and is limited to the geographical boundaries of the City of New York.
A properly issued execution must specify the date on which 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 the names of the parties in whose favor and against whom the judgment or order was entered. The execution shall also state that, pursuant to CPLR § 5205(l), $2,625 of a bank account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments is exempt from execution. In addition, the execution shall state that, pursuant to CPLR § 5222(i), the 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 wage or two hundred forty times the state minimum wage, except for a portion of the amount that the court determines to be unnecessary for the reasonable requirements of the debtor.
Where voluntary payments or authorized collections have previously been made and applied to the judgment, the statement on the execution of the amount due on the judgment should reflect the reduced judgment balance. Executions generally also direct the collection of interest on the judgment amount then due. If previous payments or collections were applied to interest on the judgment, the date on the execution from which interest is to be collected should be the date following the last date for which interest was collected.
When seizing vehicles pursuant to property executions issued where the City is the judgment creditor, marshals shall use forms prescribed by the Department of Finance (DOF).
Furthermore, marshals are prohibited from using property executions to search out the assets of debtors.
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Section 2: PRIORITY OF EXECUTIONS
When an execution is issued to a marshal, the date, hour, and minute of delivery must be recorded on it to protect the judgment creditor's rights against other executions. When two or more executions issued against the same judgment debtor are delivered to the same marshal, the executions must be satisfied out of the judgment debtor's property in the order in which the executions were delivered to the marshal. Where two or more executions issued against the same judgment debtor are delivered to different enforcement officers (different marshals or the sheriff and a marshal) and personal property levied upon is within the jurisdiction of all the officers, the enforcement officer who is first to levy will secure the priority. Thus, it is extremely important for all executions to be acted upon promptly.
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Section 3: OPTIONAL LETTER TO DEBTOR
Once a valid execution has been issued to a marshal, a marshal may choose to mail a letter to the judgment debtor informing the debtor of the issuance of an execution against his or her property and warning the debtor that, if he or she does not remit the monies due, certain of the debtor's assets are subject to levy and sale. This letter, previously referred to as a "notice of execution," may prevent the need for service of an execution and subsequent sale because the judgment debtor may be persuaded by the letter to remit the amount due, or it may lead to a payment plan or settlement. However, sending such a letter through the mail to the judgment debtor does not constitute a valid levy, and thus a marshal may not specify a sale date in the letter, nor may the letter purport to levy upon property whether or not described on the execution. The Civil Practice Law and Rules (CPLR) does not provide for a fixed fee for mailing or delivering such a letter, and therefore marshals shall not charge such a fee for this service.
In formulating this optional letter, marshals are advised to refrain from statements that are inconsistent with the requirements of Article 52, especially those concerning a debtor’s rights and protections with respect to exempt property.
This optional letter does not satisfy the notice requirement of CPLR § 5232(c), which provides that if the execution does not state that a notice in the form presented by CPLR § 5222(e) has been duly served upon the debtor within a year, the marshal shall, not later than four days after service of the execution upon any garnishee, mail or personally deliver a copy of the execution together with such notice to the debtor who is a natural person.
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Section 4: LEVY
If a marshal does not mail an optional letter, or if this has been done without any success, the next step (which may be done only by a marshal) is to effect a levy.
A levy is the act of a marshal in serving the execution and, if the property is capable of delivery, taking property into his or her custody, physically or constructively, to satisfy a money judgment.
There are two different types of personal property which may be levied upon: property which is not capable of delivery, and property which is capable of delivery.
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Section 4-1: Property Not Capable of Delivery
If the property is "not capable of delivery," for example, a debt owed to the judgment debtor or money in a bank account, a levy is made by serving a copy of the execution on the garnishee (that is, the person who owes a debt to the judgment debtor or an officer of the bank where the debtor maintains an account). Property not capable of delivery has also been called "intangible" property.
This type of execution is usually entitled “execution with notice to garnishee.” An inventory is not taken when levying upon this type of property.
This type of execution is usually entitled "execution with notice to garnishee." An inventory is not taken when levying upon this type of property.
This levy will be effective only if the person served owes a debt to the judgment debtor at the time of service or is in possession or custody of property "not capable of delivery" in which the judgment debtor has an interest at the time of service. Otherwise, the levy is ineffective, even if the person served thereafter acquires such property.
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Section 4-2: Property Capable of Delivery
If the property is “capable of delivery,” which has also been called “tangible” property, a levy is made by physically or constructively seizing the property and immediately serving a copy of the execution, together with an inventory, upon the person from whose possession or custody the property was taken. The inventory must list in detail all property subject to the levy.
With respect to this type of property, a marshal may take physical possession by removing and storing it, or may retain a custodian at the premises where the property is located to ensure that the property is not removed. However, a marshal may not put his or her own lock on the door of a debtor's business without the debtor's written consent. Where a physical seizure is made, the property must be properly identified, tagged, and stored in the marshal's office or in a warehouse under the marshal's own lock and key.
To effect a valid levy on property “capable of delivery,” a marshal may also merely assert “dominion and control” over the specific property levied upon. If this manner of levy is relied upon, as it commonly is, a marshal must be capable of physically removing the property in order to assert “dominion and control.” A levy cannot be made through the front window of a locked store. Therefore, a valid levy may be made by:
a. going to where the judgment debtor's assets are and specifically declaring which items are subject to levy; and
b. serving a copy of the execution; and
c. making an inventory of the property subject to the levy, on the notice of levy form, and leaving a copy thereof with the person in whose possession or custody the property was found.
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Section 5: SERVICE
Service of the execution is to be made in the same manner as the service of a summons. The execution must be served by one of the following methods:
- delivering a copy of the execution within the City of New York to the person to be served; or
- (b) delivering a copy of the execution within the City of New York to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing a copy to the person to be served at his or her last known residence or by mailing a copy by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from a city marshal or concerns an action against the person to be served, such delivery and mailing to be effected within twenty (20) days of each other.
If neither of the above methods is successful, then the person to be served may be served by affixing a copy of the execution to the door of either the actual place of business, dwelling place or usual place of abode within the City of New York of the person to be served and by either mailing a copy of the execution to such person at his or her last known residence or by mailing a copy of the execution by first class mail to the person to be served at his or her actual place of business, in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from a city marshal or concerns an action against the person to be served, such affixing and mailing to be effected within twenty (20) days of each other. “Actual place of business” is defined by CPLR § 308(6) as any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.
The CPLR does not provide comprehensive guidelines as to the difference between property “capable of delivery” and property “not capable of delivery.” However, in either case, a copy of the execution must be served. The CPLR does state that property or a debt evidenced by a negotiable instrument for the payment of money, a negotiable title, or a certificate of stock of an association or corporation, shall be treated as property capable of delivery. As noted in § 4-2 of this chapter, when a marshal levies on property capable of delivery by seizing it, the marshal must immediately serve a copy of the execution and a notice of levy form with an inventory upon the person from whose possession or custody the property was taken.
City marshals who enforce judgments for the City of New York, Parking Violations Operations (PVO), must follow the instructions for service of the execution and notice of the seizure set forth in the Standard Operating Procedures (SOP) promulgated by the Department of Finance. Upon seizing a vehicle under the SOP, the marshal shall serve a copy of the execution upon the person from whose possession or custody the vehicle was taken, if such person is present at the time of seizure. See § 10-2 of this chapter for additional information.
Marshals must conduct themselves as befitting public officers in serving property executions. Therefore, marshals may not employ any device, threat, trick, or ruse to gain entrance into residences.
Service on a corporation must be made according to the provisions of § 311 of the CPLR; that is, by personally serving (in-¬hand) an officer or other agent of the corporation. Under no circumstances may service be made by mailing a copy of the execution to the corporate garnishee.
In addition to proper service of the execution, the marshal must provide notice to the judgment debtor who is a natural person that certain property is exempt from seizure pursuant to an execution. See § 7-7 for the contents of this notice.
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Section 6: EFFECT OF LEVY
A person served with an execution is required to immediately transfer to the marshal all property of the judgment debtor in his or her possession or custody, pay the marshal all debts owed to the judgment debtor as they become due, and execute any documents necessary to effect transfer of payment to the marshal. In addition, except at the direction of the marshal or pursuant to a Court order, the debtor or garnishee is forbidden by law to sell, transfer, assign, or interfere with any property or to pay or dispose of any debt subject to the levy. This restraint is effective until the debtor or garnishee satisfies the judgment or transfers the property to the marshal or until the levy expires. If the person served with an execution fails or refuses to make delivery of property belonging to the judgment debtor, the judgment creditor or his or her attorney should be notified.
There is an exception for levies served against a natural person’s account at a banking institution in order to give the person time to submit an exemption form claiming that the money in the account is exempt from seizure. CPLR § 5232(g) provides that in that situation, banks may not transfer funds from the account to the marshal for at least 27 days. If, after 30 days, the bank has not received an exemption claim form from the debtor, or a court order directing otherwise, the bank may then transfer the funds to the marshal.
With respect to property not capable of delivery and debts, a levy is effective for a period of ninety (90) days from the date of service of the execution. This means that the levy is effective as to all debts incurred by the garnishee and owed to the debtor within the ninety-day period. Unless the court provides for further time upon motion of the judgment creditor, after ninety days, the levy is void except as to property or debts which have been transferred or paid to the marshal by the garnishee pursuant to the execution.
Furthermore, once the garnishee transfers or pays to the marshal all of the property or all of the debts subject to the levy, the levy terminates and is not effective as to property thereafter coming into the garnishee's possession or custody in which the judgment debtor has an interest or any debts thereafter coming due to the judgment debtor.
With respect to property capable of delivery, a levy is valid for sixty (60) days from the issuance of the execution, but may be extended for an additional sixty-day period by a written request from the judgment creditor's attorney. Further extensions may be granted by written authorization of the attorney for the judgment creditor, unless another execution against the same judgment debtor has been delivered to the same enforcement officer and has not been returned. CPLR § 5021(b) provides that small claims executions must be returned to the court whether wholly or partially satisfied, or unsatisfied, within ninety days after the marshal receives the judgment, and that the clerk shall make an appropriate entry on the clerk’s docket of the judgment. This provision does not differentiate between levies on property capable of delivery and those on property not capable of delivery.
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Section 7: SPECIFIC PROCEDURES
Section 7-1: Particular Garnishees
Banks: Where a levy on a bank account is made, an execution with notice to the garnishee must be served on an officer of the bank. When serving an execution on a bank, the marshal must also provide the bank with an exemption notice and two exemption claim forms in the form set forth in CPLR § 5222-a(4). These forms explain what types of funds are exempt from seizure and how a debtor may claim an exemption, and will be served upon the debtor by the bank. Failure of the marshal to include these forms renders the execution void.
State of New York: Where the garnishee is New York State, the levy must be made in the same manner as an income execution; that is, the head of the particular department at the department's office in Albany must be served or the State Department of Audit and Control in Albany must be served. This may be done by sending the execution by registered or certified mail, return receipt requested. (See also Chapter V, § 5-9.)
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Section 7-2: Dispossessed Tenants
No levy may be made on the property of a tenant dispossessed for non-¬payment of rent under any execution within twenty four (24) hours of the time of dispossess, if the property of which the tenant is being dispossessed was his or her residence. This rule applies only to residences and, therefore, does not preclude a marshal from immediately levying upon property found in a commercial eviction.
Section 7-3: Death of Judgment Debtor
In the event of death of the judgment debtor, the judgment creditor or his or her attorney should be notified. CPLR § 5208 contains specific restrictions on levying upon the property of a judgment debtor after his or her death. In most instances, leave of the Surrogate's Court that has jurisdiction over the estate is required. Marshals shall not attempt to levy upon a deceased judgment debtor's property until they have obtained specific permission from the court.
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Section 7-4: Protective Orders
Section 5240 of the CPLR permits the court, on its own initiative or the motion of any interested person, to make an order denying, limiting, conditioning, regulating, extending or modifying the use of any enforcement procedure. If a city marshal is served with a protective order the marshal must abide by the instructions contained therein.
Marshals should promptly inform judgment creditors or, if they are represented, their attorneys of claims of exempt property and related documents and information brought to the marshal’s attention. From time to time, marshals who serve and carry out property and income executions are contacted by judgment debtors and other persons affected by the marshal’s collection efforts who may allege that they should not be subject to the collection, despite the existence of a judgment. As an impartial officer of the court, a marshal is encouraged to inform such persons that information regarding their cases may be obtained from the court where the judgment was entered and that court review and relief is available pursuant to CPLR § 5240. Marshals should further inform such persons that information regarding the State courts, such as court locations and hours, and “do-it-yourself” forms for persons representing themselves in response to default judgments for consumer debt, are available on the New York State Court System’s website. In addition, marshals should promptly inform the judgment creditors or, if they are represented, their attorneys of communications received from judgment debtors or their representatives that relate to the collection efforts or to the enforceability or validity of the underlying judgments.
If a debtor requests a payment plan, the marshal should convey the request to the judgment creditor or his or her attorney for consideration, and should not unilaterally reject the request. Payment plans should only be entered into with the permission of the creditor or the creditor’s attorney. Records of the requests and related communications referenced in this Section should be maintained in the marshal’s docket record and file.
Section 7-5: Levy on Stock Certificates
In order to levy on stock certificates, a marshal must physically seize the certificates and take possession over them.
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Section 7-6: Exempt Property
Section 5205 of the CPLR exempts certain personal property from application to the satisfaction of money judgments, except where the judgment is for the purchase price of the exempt property. Pursuant to this section, a marshal may not levy on, among other things, the following:
- all stoves and home heating equipment in residences and necessary fuel therefor for one hundred twenty (120) days;
- one sewing machine with its appurtenances;
- religious texts, family pictures and portraits, school books used by the judgment debtor or the debtor’s family, and other books not exceeding five hundred dollars in value, kept and used as part of the family or judgment debtor's library;
- a seat or pew occupied by the judgment debtor or the family in a place of public worship;
- domestic animals with necessary food for one hundred twenty (120) days provided that the total value of such animals and food does not exceed $1,000;
- food for the judgment debtor and his or her family for one hundred twenty (120) days;
- all wearing apparel, household furniture, one refrigerator, one radio, one television set, one computer and associated equipment, one cellphone, crockery, tableware, cooking utensils and all prescribed health aids;
- a wedding ring; a watch, jewelry and art not exceeding $1,000.00 in value;
- tools of trade, necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library not exceeding $3,000 in value, together with necessary food for the team for one hundred twenty (120) days, provided these articles are necessary to the carrying on of the judgment debtor's profession or calling;
- one motor vehicle not exceeding $4,000 in value above liens and encumbrances of the debtor or $10,000 if the vehicle is equipped for use by a disabled debtor; this exemption shall not apply, however, if the debt is for child support, spousal support, maintenance, alimony or equitable distribution, or if the State or any of its agencies or municipal corporations is the judgment creditor;
- if no homestead exemption is claimed, then $1,000 in personal property, bank account or cash.
CPLR § 5205(l) also exempts from seizure a portion of bank accounts into which statutorily exempt payments such as social security are made electronically or by direct deposit. See CPLR § 5205 for a complete list of other personal property, including income and trusts, exempt from satisfying a money judgment.
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Section 7-7: Notice to Debtors
Where the execution does not state that a restraining notice in the form prescribed by CPLR § 5222(e) has been duly served upon the judgment debtor within the year, the marshal shall, not later than four days after service of the execution upon any garnishee, mail by first class mail or personally deliver to the judgment debtor who is a natural person a copy of the execution together with such notice. The marshal should be sure that the notice includes all the information found in CPLR § 5222(e), which lists money and property that is exempt from levy, such as social security benefits, ninety percent of wages earned in the last 60 days, and a portion of a bank account (currently $2,625) that contains exempt funds that are directly deposited within it; and includes instructions to the debtor on how to claim that his or her property is exempt.
When mailing, a certificate of mailing must be retained; when serving personally, a process server may be used.
The notice shall contain the name and address of the judgment creditor or his attorney and, if mailed, shall be sent first to the debtor at his or her residence and then if returned as undeliverable, or if the debtor’s address is unknown, to the debtor at his or her place of employment in a plain envelope (not indicating that the communication is from a marshal or concerns a debt), marked “personal and confidential.” If no residence or business address is known, the notice shall be served and mailed to the debtor at any other known address.
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Section 7-8: Execution Against a Marshal
Pursuant to § 1503 of the New York City Civil Court Act, an execution against a marshal (or his or her sureties) may be issued only to the sheriff.
Section 7-9: Levy on Partnerships
If a judgment debtor has an interest in a “partnership,” the marshal may levy upon the debtor/partner’s interest. The proper garnishee is any other partner besides the judgment debtor. A marshal may only levy on a partnership's assets when a judgment is rendered against the partnership itself.
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Section 8: RETURN OF EXECUTION
Marshals must make a prompt return of their executions to the clerk of the court that issued the execution, with an endorsement thereon of the action taken (e.g., satisfied, partially satisfied, unsatisfied, or vacated). In addition, § 5021(b) of the CPLR requires marshals, upon request, to provide the person making payment with a certified copy of the execution and of the return of satisfaction or partial satisfaction. The Courts, as a matter of practice, do not accept return of completely unsatisfied executions except in Small Claims matters.
Section 5230(c) of the CPLR provides that the execution shall be returned to the court within sixty days after issuance unless the execution has been served in accordance with CPLR § 5231 (income execution) or § 5232(a) (levy upon personal property not capable of delivery); in the latter instance the levy lasts for ninety (90) days. The sixty-day period may be extended for an additional sixty days by written authorization of the attorney for the judgment creditor, and for additional sixty-day periods by such additional written authorizations unless another execution against the same judgment debtor has been delivered to the same enforcement officer and has not been returned. CPLR § 5021(b) provides that small claims executions must be returned to the court whether wholly or partially satisfied, or unsatisfied, within ninety days after the marshal receives the judgment, and that the clerk shall make an appropriate entry on the clerk’s docket of the judgment. The requirement of return of execution applies both to property and income executions, though the CPLR does not provide a deadline for return of income executions in cases other than Small Claims matters.
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Section 9: SMALL CLAIMS
Section 9-1: Executions
An execution upon a small claims judgment may be issued by the judgment creditor's attorney or, if the judgment creditor does not appear by attorney, by the clerk of the court in the county where the judgment was entered. The combined property and income execution, which must be used for collecting judgments entered in the various small claims parts of the Civil Court may be obtained by requisitioning the execution from the clerk. The marshal may obtain the execution by submitting a written requisition to the clerk of the small claims part in the appropriate county. The requisition should contain the court's index number, the names of the parties to the claim, the date judgment was rendered, the date of the requisition, and the marshal's signature. The clerk will examine the court's record of the judgment, prepare the execution, and issue it to the marshal.
Moreover, Civil Court Directive 358, issued by the Administrative Judge of the Civil Court of New York City, requires all city marshals to return all unsatisfied executions, as well as all fully and partially satisfied executions, to the County Division of the Small Claims Part from which the execution was issued. Please note that this directive is applicable only to executions involving Small Claims matters.
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Section 9-2: Reporting
All marshals must execute and enforce Small Claims judgments within the City of New York whenever such judgments are delivered to their offices.
The Department of Investigation pursuant to Joint Administrative Order 490 assigns marshals to specified quarterly reporting periods for Small Claims activity. These assignments are given on a rotating basis.
Regardless of the quarterly activity, all marshals, as officers of the Civil Court, are required to act upon all Small Claims judgments brought to them for execution.
All reports are to be filed with the Department of Investigation on the approved form, which may be obtained from the Bureau of City Marshals. Small Claims reports are to be received by the Department within thirty (30) days after the close of the quarter. In the event a marshal has received no Small Claims matters during the assigned quarter, the form still must be filed with the Department of Investigation in a timely manner and must reflect that there was no Small Claims activity.
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Section 10: LEVY ON MOTOR VEHICLES
Section 10-1: Generally
When seizing a motor vehicle pursuant to a property execution, a marshal must notify the local police precinct of his or her levy and seizure. Notification must be by police report, delivered to the local precinct within two hours after each levy and seizure is made. It is not proper for a marshal to notify the precinct at the end of the day's work or after the seizure of many vehicles.
To ensure against the loss of personal property from seized vehicles and/or physical damage to the vehicles, a city marshal must complete an inventory of all items of personal property found in an automobile at the time of its seizure. Before towing a vehicle, the marshal must check all doors. If any door is unlocked, the marshal must enter the vehicle and conduct a physical inventory of its contents before towing it. Where applicable, the inventory should include the make, model, and serial number of the articles listed. The existence or lack of a radio, CD player, or other special electronic equipment should also be noted. If no items of personal property are found in the vehicle, the inventory should reflect this fact. If any area within the seized vehicle can be accessed without a key (e.g. “pop lock” trunk, glove box, etc.) this area should be checked and inventoried as well. Locked car trunks that cannot be opened from within the car should not be opened. The condition of the exterior and interior of the auto must also be noted, with reference to possible physical damage to the vehicle. Where there is existing damage, it should be specified (e.g., dented right front fender, ripped seat). If a vehicle is fully locked and the marshal is unable to see the entire interior while standing outside of it because of tinted windows or for any other reason, the marshal must open and enter the vehicle and conduct a physical inventory of its contents before towing it. The obligation to inventory vehicles applies to every vehicle that a marshal tows, without exception.
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Section 10-2: Parking Violations Operations (PVO) Standard Operating Procedures
City marshals who enforce judgments for the City of New York, Parking Violations Operations (PVO), must follow the Standard Operating Procedures (SOP) and any other relevant directives promulgated by the Department of Finance (DOF). Failure to comply with the SOP, this Handbook, or any other DOF directives or instructions, as applicable, may result in suspension or removal from the PVO program and disciplinary action against the marshal by the Department of Investigation.
The SOP requires a marshal to serve a copy of the execution upon the person from whose possession or custody the vehicle is taken if that person is present at the time of seizure. This rule is in accordance with CPLR § 5232(b).
Furthermore, unless the vehicle is redeemed, the SOP requires that within 72 hours, the marshal shall obtain from the New York State Department of Motor Vehicles the address(es) of the vehicle’s registered owner, title holder and/or lien holder. The marshal must then notify the registered owner, title holder and/or lien holder by certified mail, return receipt requested, or first class mail with certificate of mailing that the car has been seized and will be sold at public auction if outstanding parking violations judgments and fees are not paid. In practice, this notice is referred to as a “ten-day letter.” The ten-day letter required by the SOP and a copy of the execution together with the notice required by § 5232(c) should be mailed within four days of seizure, unless the vehicle has been redeemed.
Section 10-3: PVO Fees
When computing fees with respect to PVO executions (or any other executions) the amount must be based upon the number of executions received, regardless of the number of judgments that a particular execution may contain.
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Section 10-4: PVO Fee Waivers
City marshals are permitted to waive advance fees for executions issued directly to them by PVO or the Transit Adjudication Bureau (TAB).
When Parking Violations Operations issues a property execution on a seized vehicle, it reflects only those tickets that were entered into judgment as of that time. If, after the seizure, PVO discovers that additional tickets have been reduced to judgment on that particular car PVO may issue another execution to cover the additional tickets that have been entered into judgment. Since two executions are being issued, this could result in duplicate fees for the same seizure.
Pursuant to §(3)(e) of Joint Administrative Order 453, marshals are now authorized to waive all statutory fees on the second or subsequent execution. They are authorized to do so but can choose to charge the full statutory fees on the second or subsequent execution for services actually performed. Poundage shall still be charged on all amounts collected on the judgment.
If the marshal chooses to waive these fees, a new docket page should not be opened for the second or subsequent execution. Marshals shall indicate the following information on the original docket page in the area set aside for "Remarks:"
- that a second or subsequent execution was issued by PVO against the same plate;
- the amount of the execution;
- the additional poundage collected; and
- the index number, if any.
This authorization applies only to second or subsequent executions issued against a vehicle already in the marshal's custody. On additional executions against the same debtor for seizure of a vehicle not in the marshal's custody all appropriate fees should be charged and each new execution should be assigned a separate docket number.
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Section 10-5: Out-of-State Notice
A city marshal is required to notify an out of state motor vehicle bureau of a PVO seizure not sooner than seventy two (72), and not later than one-hundred-twenty (120) hours after such seizure. This notification by the marshal may be waived only if the registered owner of the vehicle appears in person and with proper identification prior to the expiration of the 120 hour period and redeems the vehicle, or the Department of Finance makes the required notification and inquiry to the out-of-state motor vehicle bureau on behalf of the marshal.
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Section 10-6: PVO Lawsuits
Any marshal named as a defendant in a civil action arising out of a PVO judgment will be required to forward photocopies of all papers served upon him or her to:
Parking Violations Operations
Office of Legal Affairs
Department of Finance
66 John Street, Room 104
New York, New York 10038
City of New York
100 Church Street
New York, New York 10007
This will help the City coordinate its involvement in litigation when it is, or may become, a party to a lawsuit. It should be noted, however, that the forwarding of such papers to the Office of the Corporation Counsel does not create any obligation on the part of the City to indemnify or defend the marshal.
Note that this reporting requirement is in addition to the present requirements under Chapter X, § 2-1 of the Handbook relating to each marshal's responsibility to notify the Department of Investigation of all pending litigation.
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