Is it legal to be charged additional money if you have satisfied a judgement?
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Is it legal to be charged additional money if you have satisfied a judgement?
I lost a civil lawsuit 6 years ago and as a result my wages were garnished for the complete amount of the judgement. Years later the city marshal is trying to garnish more wages stating that more money is due when i know the original judgement amount was paid. Is this legal?
Asked on August 3, 2012 under Real Estate Law, New York
Answers:
Mark Siegel / Law Office of Mark A. Siegel
Answered 11 years ago | Contributor
In NY, wages can be garnished through the service of an income execution by a marshal or sheriff, under NY Civil Practice Law & Rules, §5231, in order to satisfy the amount of a lawfully entered judgment in favor of the judgment creditor.
If you have fully satisfied the entire amount of the judgment, including any court costs & fees which were included in the original judgment entered by the Court, you will need to obtain documentation which satisfactorily proves that the entire amount of the judgment was remitted to the marshal by your employer under the wage garnishment (income execution).
Under NY Civil Practice Law & Rules, §5231 (governing income executions), the following notice is part of a detailed statement that must be contained in the income execution:
"...NOTICE: YOU MAY BE ABLE TO CHALLENGE THIS INCOME EXECUTION THROUGH THE PROCEDURES PROVIDED IN CPLR § 5231 (i) AND CPLR § 5240. IF YOU THINK THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED UNDER THIS INCOME EXECUTION EXCEEDS THE AMOUNT PERMITTED BY STATE OR FEDERAL LAW, YOU SHOULD ACT PROMPTLY BECAUSE THE MONEY WILL BE APPLIED TO THE JUDGMENT. IF YOU CLAIM THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED
UNDER THIS INCOME EXECUTION EXCEEDS THE AMOUNT PERMITTED BY STATE OR FEDERAL LAW, YOU SHOULD CONTACT YOUR EMPLOYER OR OTHER PERSON PAYING YOUR INCOME. FURTHER, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. NEW YORK STATE LAW PROVIDES TWO PROCEDURES THROUGH WHICH AN INCOME EXECUTION CAN BE CHALLENGED:
CPLR § 5231(i) MODIFICATION. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE A MOTION TO A COURT FOR AN ORDER MODIFYING AN INCOME EXECUTION.
CPLR § 5240 MODIFICATION OR PROTECTIVE ORDER: SUPERVISION OF ENFORCEMENT. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE A MOTION TO A COURT FOR AN ORDER DENYING, LIMITING, CONDITIONING, REGULATING, EXTENDING OR MODIFYING THE USE OF ANY POST-JUDGMENT ENFORCEMENT PROCEDURE, INCLUDING THE USE OF INCOME EXECUTIONS."
If you decide to consult with an attorney, the attorney can review your documentation, evaluate your case & determine what, if any, legal steps should be taken to resolve the matter. Good luck!
Mark Siegel / Law Office of Mark A. Siegel
Answered 11 years ago | Contributor
In NY, wages can be garnished through the service of an income execution by a marshal or sheriff, under NY Civil Practice Law & Rules, §5231, in order to satisfy the amount of a lawfully entered judgment in favor of the judgment creditor.
If you have fully satisfied the entire amount of the judgment, including any court costs & fees which were included in the original judgment entered by the Court, you will need to obtain documentation which satisfactorily proves that the entire amount of the judgment was remitted to the marshal by your employer under the wage garnishment (income execution).
Under NY Civil Practice Law & Rules, §5231 (governing income executions), the following notice is part of a detailed statement that must be contained in the income execution:
"...NOTICE: YOU MAY BE ABLE TO CHALLENGE THIS INCOME EXECUTION THROUGH THE PROCEDURES PROVIDED IN CPLR § 5231 (i) AND CPLR § 5240. IF YOU THINK THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED UNDER THIS INCOME EXECUTION EXCEEDS THE AMOUNT PERMITTED BY STATE OR FEDERAL LAW, YOU SHOULD ACT PROMPTLY BECAUSE THE MONEY WILL BE APPLIED TO THE JUDGMENT. IF YOU CLAIM THAT THE AMOUNT OF YOUR INCOME BEING DEDUCTED
UNDER THIS INCOME EXECUTION EXCEEDS THE AMOUNT PERMITTED BY STATE OR FEDERAL LAW, YOU SHOULD CONTACT YOUR EMPLOYER OR OTHER PERSON PAYING YOUR INCOME. FURTHER, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. NEW YORK STATE LAW PROVIDES TWO PROCEDURES THROUGH WHICH AN INCOME EXECUTION CAN BE CHALLENGED:
CPLR § 5231(i) MODIFICATION. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE A MOTION TO A COURT FOR AN ORDER MODIFYING AN INCOME EXECUTION.
CPLR § 5240 MODIFICATION OR PROTECTIVE ORDER: SUPERVISION OF ENFORCEMENT. AT ANY TIME, THE JUDGMENT DEBTOR MAY MAKE A MOTION TO A COURT FOR AN ORDER DENYING, LIMITING, CONDITIONING, REGULATING, EXTENDING OR MODIFYING THE USE OF ANY POST-JUDGMENT ENFORCEMENT PROCEDURE, INCLUDING THE USE OF INCOME EXECUTIONS."
If you decide to consult with an attorney, the attorney can review your documentation, evaluate your case & determine what, if any, legal steps should be taken to resolve the matter. Good luck!
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