By: Robert J. Nahoum
Partial victory for a debt collector in a New York debt collection lawsuit is the award of a judgment. A judgment is a decree from the court, reduced to a piece of papers, stating that the debt collector has won the lawsuit and is entitled to a certain amount of money from the debtor. Â More than 90% of debt collection judgments in New York are obtained by default where the debtor never defends the lawsuit.
Being awarded a money judgment is a meaningless paper victory for the debt collector unless it can successfully enforce the judgment by extracting money from the debtor.
New York’s judgment enforcement laws make judgment enforcement relatively effortless for the debt collector by offering a number of enforcement devices at their disposal. The most powerful of these devices don’t even require the debt collector to go before a judge including freezing (restraining) a bank account and garnisheeing wages.
In fact, most of the heavy lifting in judgment enforcement is outsourced by the debt collector to the court’s enforcement officers. Depending on where the judgment debtor lives (or more practically, where his or her assets are located) will dictate whether that enforcement officer is a Sheriff or a Marshal.
If your debt collection case is in New York City, it is more likely than not that a New York City Marshal will be the enforcement officer engaged to collect from you.
New York City Marshals are civil enforcement officers. Marshals primarily enforce orders from civil court cases, including collecting on judgments, towing cars meters and carrying out evictions. Marshals are regulated by the Department of Investigation.
Outside of New York City, the enforcement of money judgments is delegated to the county Sheriffs. Each county in New York has its own sheriff’s office. The Sheriff is an elected office with the people of each county voting to fill that seat.  Sheriff’s perform similar civil enforcement duties that are performed by the New York City Marshals.
What’s the Difference Between a Marshal and a Sheriff?
There are a few important distinctions between a New York City Marshal and County Sheriffs that may impact how judgments are enforced.
Unlike the Sheriffs, the City Marshals are not municipal employees or peace officers, they are deputized and most importantly they are self funded. Because they are self funded, the Marshals earn part their income as a percentage of the funds collected from debtors. Being self funded, the New York City Marshals are highly motivated to enforce judgments.
Sheriff’s on the other hand are salaried and earn no added profit from the enforcement of judgments.  Sheriff’s duties are much more expansive than the Marshals including more traditional police work. For this reason, judgment enforcement is not always the highest priority of a Sheriff’s office. Due in part to the fact that the Sheriff is a political office, day-today functioning vary greatly from county to county.
Another important difference is that Marshal’s do not have the authority to sell real property in satisfaction of a judgment. Judgments are liens on real property and so a debtor’s home can be sold to pay off a judgment. However, if this is the road the debt collector goes down to enforce the judgment, it must be handled by a Sheriff.
Whether it is a Marshal or a Sheriff enforcing a judgment, their powers are impactful. They can seize your bank accounts, garnishee your wages and sell your property. A judgment should be taken seriously and dealt with without delay.
If you need help settling or defending a debt collection law suit, filing for bankruptcy, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com