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Department Info

Small Claims Court

Sheriff's Office
Adrian H. Anderson, Sheriff

 

Lieutenant Gerard Lennon
Sergeant Michael Sarigianis

Executions

You must detrmine the type of service you want  the Civil Division to perform to attempt to collect your judgement. Once this is determined, ask the County Clerk’s office for an Execution or Income Execution based on the method of collection as outlined in the following chart.

Execution 
   -
Good for 60 days  

Income Execution 
   -
Good for 20 years 

Bank Accounts

One simple way to improve the chances of collecting your judgment is to learn the name and address of the bank where the defendant keeps a savings or checking account. You may have to examine your resources. Determine what methods of payment transpired from you to the defendant. A way to achieve this is by viewing the back of a canceled check you or a friend may have paid the defendant. With this information you could locate where the defendant banks. The Civil Division could perform a service known as a Bank Levy and remove any funds necessary to satisfy your judgment.

Real Property - House or Real Estate

If the defendant owns real property, you may be able to collect your judgment from a Real Property Sale. The clerk will direct you to the proper office so you may review a defendants’ property ownership. Consult with the Civil Division so they may conduct a sale at public auction. It is your responsibility to prepare the papers to sell the property. The Civil Division, after deducting fees and expenses, will auction the property and distribute the proceeds accordingly. This execution is rather complex. Please contact our office so we may connect you with the Civil Division Lieutenant.

Demand

A demand is based on an “honor” system method.  The civil law enforcement officer serves the defendant with paperwork stating that there is a money judgment against them.  The officer can only “demand” the money.  The officer may work out payment schedule with the defendant to satisfy the money judgment, but he or she cannot force the defendant to pay.

Personal Property

Your judgment can be paid by the sale of a defendant’s personal property. An automobile is an example of this. This type of execution is known as a Car Levy. In order to proceed with this action, you must do the following: A form called MV-15 (which can be obtained from any motor vehicle office in New York State) must be filled out. You can mail this form to the Albany Motor Vehicle or you may drive to the Albany Motor Vehicle personally to hand deliver the MV-15 form. (A local Motor Vehicle office cannot give you the information needed to seize a vehicle.) It is your responsibility to prepare the papers required to sell the property. In order to successfully serve a car levy, the civil law enforcement officer will need the vehicle title abstract, the year and make of the car, the license plate number along with the location of the defendant’s car. If officer locates the car, he or she may seize it, and sell it at public auction. All proceeds from the sale of the car are used to satisfy the money judgment.

Wages

Another method of collecting on a judgment is by obtaining the defendants’ home address along with the employers’ name and physical street address. By this, you could receive the money necessary to satisfy your judgment as well as collect on a great deal of interest that accrues from the time the judgment was first rendered.

Note: An Income Execution is only acceptable in our office when signed by an attorney or County Clerk.

If the defendant is employed and earns the minimum salary as required by Federal Law, you may be entitled to a wage garnishment. Civil Law dictates the following: An employer by law must deduct 10% of the defendant’s salary until the judgment is paid in full. Before a wage garnishment can be performed, a defendant must be given the opportunity to pay voluntarily. (Civil Law gives the defendant 20 days to pay voluntarily.) Failure to remit any money would result in an immediate wage garnishment.

A defendant may file for bankruptcy. Our office requires proof of this filing by the bankruptcy attorney. A temporary stay is placed on the judgment pending the outcome of the bankruptcy court.


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