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This instrument, commonly known as a "wage garnishment", is used to satisfy a money judgment from a debtor's earnings. There are two stages involved in the enforcement of Income Executions. In the first stage, the Income Execution is served by the Sheriff upon the judgment debtor who must begin making voluntary installment payments to the Sheriff. If the debtor fails to make the required voluntary payments, the Income Execution will move to second stage without further notification to them. The Income Execution will then be served by the sheriff on the debtor's employer who will deduct a percentage from the debtor's earnings and remit it to the Sheriff. There are specific income requirements and exemptions to income which may apply.
Note to Attorneys and Creditors:
- You must indicate on the Income Execution the full name and address of the judgment debtor and employer. If the debtor is no longer employed by the named employer, the Income Execution becomes ineffective and will be returned to you.
- Whenever more than one Sheriff (or county) is expected to be involved with enforcement, and the judgment was issued by a city, town or village court, the creditor must first obtain (from the court of issuance), a Transcript of Judgment. This document must then be filed with the home County Clerk's office and the date of filing must be indicated on the Income Execution.
- All executions may only be issued (signed) by an attorney licensed to practice in New York State, the clerk of the court where the judgment was entered or the County Clerk of the home county.
- Payments on accounts are remitted on the 15th of each month. This is our general rule, but many factors can cause adjustment, and the particulars of an individual case or payment can affect when a payment is disbursed.
Note to Debtors:
- If you wish to satisfy or fully pay off your account, you must call or send a written request to the Civil Division for a payoff figure. Please include your name and account number. You must provide a date certain so that we can properly calculate and project the full amount due. If you are unable to pay on that date, you must call or write for a new payoff figure.
- If for any reason an overpayment is received on your account, the Civil Division will remit any overage to you in the form of a check. Said check will be mailed to you at the residential address on file.
Note to Employers (Garnishees):
- Once you receive an Income Execution, you must implement deductions at once. Please ensure that the debtor's name and account number appear on your remittance check or accompanying paperwork.
- The Sheriff is required to serve the employer within Tioga County. If an employer's payroll, human resources or other office is located elsewhere, it is the employer's responsibility to forward the Income Execution and associated paperwork to that office for processing.
- Please notify our office immediately if an employee will be off work for a temporary period (i.e. seasonal employee, worker's comp, sick leave, etc.). If an employee is permanently terminated, you should hold the Income Execution for 90 days. If the employee returns, the Income Execution becomes effective. If the employee does not return within 90 days, the Income Execution should be returned to the Civil Division with a letter of explanation.
- Please continue to remit until you receive a letter or satisfaction or notice of withdrawal from our office. You may call or write our office for a balance due at any time.
Poundage and Interest:
In addition to the judgment amount awarded by the court, the following will be collected from the debtor:
- Interest from the date of judgment at 9% per annum. Interest continues to accrue until the judgment is satisfied.
- Poundage (Sheriff's fee) at a rate 5% on each payment collected as well as settlements made on an account.
Satisfactions and Settlements:
- Once the judgment and associated fees, interest and poundage are fully paid, the sheriff will so note his files and close the account. A copy of the Income Execution endorsed as "satisfied" will be mailed to the Clerk of the Court. A copy of the endorsed Income Execution will also be returned to the attorney/creditor.
- Parties to an Income Execution may settle at any time upon such conditions or circumstances they agree to. However, if the sheriff has levied, the sheriff is due poundage at 5% of the settlement amount, or the judgment amount, whichever is less. The parties must take this into consideration when discussing settlement.