By: Robert J. Nahoum
Who Are New York City Marshals?
New York City Marshals are independent public officials appointed by the Mayor to enforce civil court judgments, including consumer debt collection judgments in the five boroughs. They are not salaried city employees; instead, they earn statutory fees and a percentage (often called “poundage,” up to 5%) of the money they collect.
NYC Marshals have authority similar to sheriffs for civil matters: they can enforce money judgments from New York City Civil Court, New York Supreme Court, and Family Court. Among their core duties are serving executions, garnishing wages, restraining and levying bank accounts, seizing personal property, and carrying out evictions where a valid court order exists.
For more background on how judgment enforcement fits into a debt collection lawsuit, see your existing article, “Who Are the Parties to a Debt Collection Lawsuit?” on The Law Offices of Robert J. Nahoum, P.C.
What Do NYC Marshals Do in Debt Collection?
When a debt collector or creditor obtains a judgment against a consumer in New York City, they often hire a New York City Marshal to enforce that judgment. The Marshal’s office typically works directly with debt collection law firms to turn paper judgments into actual money through wage garnishments, bank restraints, and property levies.
One of the most common tools is wage garnishment, known in New York as an income execution under CPLR §5231. In Stage One of an income execution, the Marshal serves the execution on the consumer (often by mail) and gives the consumer the chance to make voluntary payments, usually up to 10% of gross income, within New York’s statutory limits. If the consumer does not comply, the Marshal proceeds to Stage Two by serving the employer and directing that a portion of the paycheck be withheld and sent to the Marshal, who then forwards funds to the judgment creditor while taking authorized fees and poundage.
NYC Marshals also frequently serve and enforce bank account restraints and levies, freezing funds in consumer accounts and then transferring non‑exempt money to the creditor if the judgment remains unpaid. This can happen in credit card, medical debt, private student loan, and other consumer collection cases. Your detailed explanation of wage garnishments and judgment enforcement is available in “How New York Debt Collection Lawyers Use Wage Garnishments to Enforce Judgments” on nahoumlaw.com.
Consumers in New York City often first learn a Marshal is involved when they receive an income execution notice, a bank restraint notice, or eviction paperwork bearing the Marshal’s name and badge number. If a Marshal is attempting to garnish wages or seize funds on a judgment you believe is wrong, stale, or based on a default, it is important to speak with a consumer defense attorney promptly.
How NYC Marshals Get Paid (and Why That Matters)
NYC Marshals are compensated through a combination of fixed statutory fees and a percentage of the money they collect on judgments, often up to 5% of the collected amount. This percentage is sometimes referred to as “poundage,” and it is in addition to the judgment amount and court‑ordered costs that the consumer already owes.
Because Marshals earn a portion of collections, they have a strong financial incentive to aggressively enforce judgments through all lawful means, including repeated attempts at wage garnishment and bank levies. Their fees and percentages are governed by New York statutes, including provisions referenced in NYCPLR §§8011–8012 and NYCCA §1915. Even though their actions must comply with state law, court rules, and oversight by the New York City Department of Investigation and the courts, their economic structure can make judgment enforcement feel particularly intense for consumers.
Your Rights and How The Law Offices of Robert J. Nahoum, P.C. Can Help
If a New York City Marshal is garnishing your wages, levying your bank account, or enforcing a judgment you do not understand, you still have rights and options. In many cases, consumers can challenge default judgments, assert exemptions (for example, protected income in a bank account), negotiate settlements, or pursue other legal remedies to protect income and assets.
The Law Offices of Robert J. Nahoum, P.C. represents New York consumers who have been sued by debt collectors and who are facing aggressive judgment enforcement from NYC Marshals, including income executions and bank restraints. Learn more about our New York debt collection defense and judgment enforcement practice and request a free consultation by visiting https://www.nahoumlaw.com, including:
- “Who Are the Parties to a Debt Collection Lawsuit?” – https://nahoumlaw.com/who-are-the-parties-to-a-debt-collection-lawsuit/
- “How New York Debt Collection Lawyers Use Wage Garnishments to Enforce Judgments” – https://nahoumlaw.com/how-debt-collection-lawyers-use-wage-garnishmentsto-enforce-judgments/
- Consumer debt defense content, including “Sued by Synchrony Bank?” – https://nahoumlaw.com/sued-by-synchrony-bank/
If you have received a notice from a New York City Marshal about a wage garnishment, bank levy, or other collection action, contact The Law Offices of Robert J. Nahoum, P.C. today to discuss how we can help you protect your rights and fight back against judgment enforcement.
The Law Offices of Robert J. Nahoum, P.C. represents New York consumers who are sued by debt collectors and who are facing judgment enforcement, including wage garnishments and bank restraints. You can learn more about our consumer protection and judgment enforcement practice and request a free consultation at https://www.nahoumlaw.com or contact us at (845) 232‑0202 to discuss your options.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different; you should speak with an attorney about your specific situation before making legal decisions.