New York City Marshal No. 11
Income Executions In New York City
An income execution collects part of a judgment debtor’s pay to satisfy a money judgment. A City Marshal serves the debtor within 20 days of receiving the execution, and if payments do not start within 20 days, serves the employer, who holds back part of each paycheck within the limit New York State law sets. The creditor supplies the employer’s name and address, because a City Marshal is prohibited from searching for a debtor’s assets.
Fees are set by New York State law, not by the office, and collection cannot be guaranteed. Marshal Fraiden’s office runs income executions across Manhattan, Brooklyn, Queens, the Bronx and Staten Island. This page is general information for judgment creditors and their attorneys, it is not legal advice.
Reviewed by our office, October 2026.
What An Income Execution Is, And Who Can Issue One
An income execution is the court paper that lets a City Marshal collect a money judgment out of the debtor’s wages. Many people call it wage garnishment. New York State law sets how an income execution works, and the City’s rules for marshals set how a marshal runs one.
Only two people can issue an income execution: the attorney for the person who is owed the money, or the clerk of the court that entered the judgment. A marshal cannot issue one and cannot act as the creditor’s lawyer. In a small claims matter, the clerk issues one paper covering both pay and property, and the marshal asks the court for it in writing.
It is one of the three tools a marshal uses to collect a money judgment. The other two, a property execution and a bank levy, are described on Money Judgment Enforcement.
How An Income Execution Works
An income execution happens in two stages, and the law sets the clock on each one.
Stage One: The Marshal Serves The Debtor
The attorney or the court clerk issues the execution and it is delivered to the marshal. The marshal writes down the date and the time it arrives, because the first execution in line gets paid first. Within 20 days of receiving it, the marshal serves the debtor. The debtor can then pay the marshal directly, in installments, without the employer ever being involved.
Stage Two: The Marshal Serves The Employer
If the debtor does not start paying within 20 days, or starts and then stops, the marshal serves the employer. The employer holds back part of each paycheck, up to the limit New York State law sets, and sends it to the marshal. The limit depends on how much the debtor earns, and some kinds of income are protected by law and cannot be touched at all.
When money comes in, the marshal takes out the fees New York State law fixes and sends the rest to the creditor within 30 days. The execution stays in force until the judgment is paid, with interest, or the court says otherwise. If the debtor leaves the job, it stops reaching that employer unless the debtor is rehired within 90 days.
If The Debtor Lives Outside The Five Boroughs
New York City Marshals are authorized to act only inside New York City’s five boroughs. If the debtor lives in New York State but outside New York City, the execution goes first to the sheriff of the county where the debtor lives. If that sheriff cannot complete it, a City Marshal may then serve an employer inside the City.
The clock for each step, with the reasons a matter can wait, is on Filing Requirements And Timelines.
What To Send For An Income Execution
The creditor or the attorney provides the paper and the facts. The judgment creditor, the person seeking the money, or the creditor’s attorney must provide the employer’s name and address. A City Marshal is prohibited from searching for a debtor’s assets.
- The income execution itself, issued by the attorney or the court clerk, stating the court, the date the judgment was entered, the amount of the judgment, the amount still owed and the names of both sides.
- The two notices about money the law protects.
- The employer’s name and address.
- The debtor’s pay and how often it comes, and the amount to hold back.
- The notice to the debtor, and the debtor’s home address.
- If payments have already been made, the lower balance now owed.
The printable checklist is on Filing Requirements And Timelines, with the office’s address, telephone number and email for sending it.
Who Pays The Marshal’s Fees
Marshal fees and poundage on an income execution are fixed by New York State law, not by Marshal Fraiden’s office. The office can explain the fees and expenses that apply to a matter before it acts. The full explanation, with the statute, is under Fees And Poundage.
New York State law sets the marshal’s fees, and in most matters the debtor ends up paying them. The marshal collects the judgment, the fees the law fixes and poundage, which is 5 percent of the money collected, from the debtor, and sends the rest to the creditor. Some fees are paid first by the creditor. The law marks certain fees as payable in advance, such as the fee for receiving the execution and mileage, and the creditor pays those up front. They are added to what the marshal collects from the debtor and returned to the creditor. If the two sides settle after the execution is served or a levy is made, poundage is still owed, figured on the judgment or the settlement amount, whichever is less. Fees already earned for work done, such as the receiving fee and mileage, are kept by the marshal, and come back to the creditor only if the settlement collects them from the debtor.
Where To Go Next
For the whole path from judgment to collection, see How To Enforce A Money Judgment In New York City. For how Marshal Fraiden’s office handles money judgments, see Money Judgment Enforcement.
Short answers on our FAQ page:
- What Is An Income Execution?
- How Much Of A Debtor’s Wages Can An Income Execution Take?
- I Won A Money Judgment. What Happens Next?
The City’s own answers are in the Department of Investigation’s Judgments FAQ.
Questions About An Income Execution?
For questions about the process, call Marshal Fraiden’s office at 212-814-5980, Monday to Friday, 9:00 a.m. to 5:00 p.m. The office is closed on New York State court holidays.
Contact Marshal Fraiden's Office