Sheriff and Marshal Levy Attorney

Few moments are more alarming than discovering that a sheriff or city marshal has frozen your bank account, seized funds from your business, or begun garnishing your paycheck. In New York, judgment creditors have powerful enforcement tools at their disposal, and once a levy is in motion, every day matters. The good news is that New York law also provides significant protections for judgment debtors — but those protections rarely apply themselves. They must be asserted, often quickly and in the correct legal form.

Our firm represents individuals and businesses throughout New York who are confronting sheriff and marshal levies, income executions, restraining notices, and other judgment enforcement actions. Whether the underlying judgment was entered against you fairly, by default, or in error, we move swiftly to protect your assets, assert every available exemption, and, where appropriate, challenge the judgment itself.

What Is a Sheriff or Marshal Levy in New York?

A levy is a legal seizure of property to satisfy a money judgment. After a creditor obtains a judgment, it may deliver an execution — a formal enforcement document — to an enforcement officer. In New York, that officer is typically a county sheriff or, within the five boroughs, a New York City marshal. Armed with the execution, the officer is authorized to levy upon the judgment debtor's property, which may include:

• Bank accounts — funds on deposit can be frozen and turned over to the creditor
• Wages and earnings — through an income execution served on you and then your employer
• Business assets — cash registers, receivables, inventory, and equipment
• Vehicles — cars, trucks, and other titled personal property
• Real property — in certain circumstances, real estate can be sold at a sheriff's sale

These enforcement mechanisms are governed primarily by Article 52 of the New York Civil Practice Law and Rules (CPLR), which sets out detailed procedures the creditor and the enforcement officer must follow. When those procedures are not followed — and they frequently are not — the levy may be vulnerable to challenge.

Sheriffs vs. Marshals: Who Is Enforcing the Judgment?

Understanding who is levying on your property helps determine your options and the procedures involved.

County Sheriffs

Sheriffs are public officers who enforce judgments in counties throughout New York. They execute on personal and real property, conduct execution sales, and collect statutory fees, known as poundage, on amounts they collect.

New York City Marshals

City marshals are appointed officers who operate within New York City. Unlike sheriffs, marshals are compensated largely through the poundage they collect — generally five percent of the amount recovered — which gives them a direct financial incentive to enforce aggressively. Marshals handle an enormous volume of bank levies, income executions, and business asset seizures, and they often move quickly once an execution is in hand.

Whether the enforcing officer is a sheriff or a marshal, the substantive protections available to you under New York law are largely the same. The key is asserting them before your property is turned over.

Common Types of Levies and How They Work

Bank Account Levies and Restraining Notices

A bank levy often begins with a restraining notice served on your bank, which freezes funds in the account — typically up to twice the judgment amount. The freeze itself can be devastating: checks bounce, automatic payments fail, and payroll may be disrupted. The levy then directs the bank to turn the restrained funds over to the enforcement officer.

New York's Exempt Income Protection Act (EIPA) provides critical safeguards. Banks may not restrain a baseline amount of funds in an account, and accounts that receive directly deposited exempt income — such as Social Security, SSI, public assistance, pensions, unemployment benefits, or veterans' benefits — receive enhanced protection. Banks are required to send exemption claim forms to account holders, and timely filing those forms can unfreeze protected funds. Unfortunately, banks and creditors do not always comply, and many debtors never receive or understand the paperwork.

Income Executions (Wage Garnishment)

An income execution allows a creditor to garnish up to ten percent of your gross wages, subject to important floors. Under CPLR 5231 and related provisions, your wages cannot be garnished at all if your disposable earnings fall below a threshold tied to the minimum wage, and federal and state law cap the total percentage of disposable earnings that can be taken — particularly when multiple garnishments or support orders are in play.

Procedurally, the income execution must first be served on you personally, giving you twenty days to begin paying voluntarily before the officer may serve your employer. Service defects and miscalculations of the garnishment amount are common grounds for challenge, and New York courts have the power to modify an income execution that causes undue hardship.

Property Executions and Seizure of Business Assets

For business debtors, a marshal or sheriff can arrive at your premises, levy on cash on hand, and seize inventory or equipment for sale at public auction. These seizures can shut a business down overnight. Immediate legal intervention — whether through an order to show cause, an exemption claim, or negotiated resolution — is often the only way to keep the doors open.

Real Property Executions

A judgment properly docketed with the county clerk becomes a lien on the debtor's real property in that county. Creditors may ultimately seek a sheriff's sale of real estate, although New York's homestead exemption protects a substantial amount of equity in a primary residence, with the protected amount varying by county. Asserting the homestead exemption correctly can defeat or dramatically limit a real property execution.

Property That Is Exempt From Levy in New York

New York law exempts significant categories of income and property from judgment enforcement, including:

• Social Security, SSI, and Social Security Disability benefits
• Public assistance and unemployment insurance benefits
• Pensions, retirement accounts, and most 401(k) and IRA funds
• Workers' compensation and disability benefits
• Child support and spousal maintenance received
• Veterans' benefits
• Ninety percent of wages earned in the prior sixty days
• A statutory homestead exemption in your primary residence
• Exemptions for household goods, tools of the trade, a vehicle up to a set value, and other personal property

Critically, exempt funds do not lose their protected status simply because they are deposited into a bank account, though commingling exempt and non-exempt funds can complicate matters. An experienced levy attorney can trace exempt funds, prepare the necessary exemption claims, and litigate the issue if the creditor objects.

How an Attorney Can Stop or Challenge a Levy

Every case is different, but our approach typically involves one or more of the following strategies:

1. Asserting Exemption Claims

We promptly file exemption claim forms and, where necessary, move by order to show cause to compel the release of protected funds. Courts can order frozen money returned and, in cases of bad-faith conduct by creditors, award additional relief.

2. Vacating Default Judgments

A remarkable number of levies in New York stem from default judgments — cases the debtor never knew existed because of defective service of process, sometimes called "sewer service." Under CPLR 5015 and CPLR 317, a default judgment may be vacated for improper service, excusable default coupled with a meritorious defense, fraud, or lack of jurisdiction. If the judgment is vacated, the levy collapses with it, and funds already taken may be ordered returned.

3. Challenging Procedural Defects in the Levy Itself

Article 52 imposes strict requirements on creditors and enforcement officers: proper issuance of the execution, correct priority among competing creditors, timely action on the levy, accurate calculation of amounts due, and compliance with EIPA notice obligations. Levies that exceed the judgment amount, target the wrong person, or rest on expired or improperly issued executions can be set aside.

4. Seeking a Stay of Enforcement

Where there are grounds to challenge the judgment or the levy, we can ask the court to stay enforcement while the dispute is resolved, preserving the status quo and preventing irreversible turnover of your assets.

5. Negotiating Settlements and Payment Arrangements

Sometimes the most practical path is a negotiated resolution. Creditors frequently accept reduced lump-sum settlements or structured payment plans in exchange for releasing a levy and vacating restraints. We negotiate from a position of strength — informed by every defense and exemption available to you.

6. Evaluating Bankruptcy Where Appropriate

For some clients facing multiple judgments, bankruptcy's automatic stay can halt all levies and garnishments immediately. We assess whether bankruptcy is the right tool or whether state-law remedies will achieve a better outcome.

Why Acting Quickly Matters

The window to respond to a levy is short. Exemption claim forms carry tight deadlines. Once a bank turns funds over to the sheriff or marshal, and the officer remits them to the creditor, recovering the money becomes far more difficult. Business asset seizures can lead to auction sales in a matter of weeks. The earlier you involve counsel, the more options remain available — including the possibility of stopping a turnover before it happens rather than fighting to claw money back afterward.

What to Do Right Now If You've Been Levied

1. Do not ignore the paperwork. Restraining notices, executions, and exemption forms contain deadlines that protect your rights only if you act on them.
2. Gather your documents. Collect bank statements showing deposits of exempt income, the judgment or court papers if you have them, and any notices from the sheriff, marshal, bank, or employer.
3. Do not move money in ways that could appear fraudulent. Transfers made to evade a judgment can create additional liability. Let counsel guide any asset decisions.
4. Verify the judgment. Confirm the judgment actually exists, names you correctly, and reflects an accurate balance. Mistaken-identity levies and inflated balances are more common than you might expect.
5. Contact a levy attorney immediately. An experienced lawyer can often secure emergency relief within days.

Frequently Asked Questions

Can a marshal take all the money in my bank account?

No. New York law shields a baseline amount in every account from restraint, protects directly deposited government benefits at a higher threshold, and exempts numerous categories of funds entirely. If protected money has been frozen, an attorney can act to release it.

I never knew about the lawsuit. Can the levy still proceed?

If you were never properly served, the judgment may be void or voidable. We frequently move to vacate default judgments on service grounds, which can unwind the levy and restore seized funds.

How much of my paycheck can be garnished?

Generally up to ten percent of gross wages, subject to statutory floors based on the minimum wage and overall caps on disposable earnings. Low-income earners may be entirely protected, and courts can reduce garnishments that cause hardship.

Does the sheriff or marshal work for the creditor?

No. They are enforcement officers acting under court-issued executions. However, they must follow the law, and they are accountable when levies exceed legal authority.

Speak With a New York Levy Defense Attorney Today

A sheriff or marshal levy is serious, but it is rarely the end of the story. New York law gives judgment debtors meaningful rights — exemptions, procedural protections, and avenues to challenge defective judgments — and our attorneys know how to use every one of them. We act fast, communicate clearly, and fight to protect your income, your accounts, and your business.

If your bank account has been frozen, your wages are being garnished, or an enforcement officer has contacted you or your employer, contact our office today for a confidential consultation. The sooner we begin, the more we can protect.

You can contact us by phone at 212-233-1233 or by email at [email protected].