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Revised NY Laws for Second Service of an Income Execution

Effective December 11, 2015, the statutory provisions governing the steps to perform a CPLR 5231 income execution were clarified and modernized given the current business practices that exist today. This bill has changed the provision regarding second service on the judgment debtor's employer.

The second service authorized by CPLR 5231(e) on the person or entity who owes money to the judgment debtor can now be served on that person or entity by any Sheriff in New York State at any of the offices or places of business of the judgment debtor's employer, notwithstanding where the debtor is actually employed.

Prior to the amendment to this statute, if the judgment debtor did not live in the county in which his/her employer maintained an office for business, then you would send the first stage of the income execution to the Sheriff where the judgment debtor resided and the second stage to the Sheriff of the county in which the employer of the judgment debtor worked. Under the new legislation, you may serve both the first and second stage of the income execution on the Sheriff where the judgment debtor resides and you do not need to send the second stage to a different Sheriff after the first stage is in default.

It no longer matters where the person or entity who owes money to the judgment debtor (employer) maintains an office or place of business in New York State. You can give both the first stage and second stage of the income execution to the Sheriff of the County where the judgment debtor resides, and you will not need to go to a second Sheriff to serve the second stage of the income execution, as long as the employer maintains an office or place of business in New York. Prior to the effective date of this amendment, this was not the case where the employee did not reside in the County in which the employer maintained an office or business.

According to the legislative bill jacket that accompanies this bill supporting its passage, this amendment will ensure a clean and efficient path for second service of an income execution on the person or entity who owes money to the judgment debtor, namely, his/her employer.

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