QUESTION
How to Put a Lien On Someone's Salary
Asked on Jun 10th, 2013 on Debtor and Creditor - New York
More details to this question:
I was awarded a judgment in small claims court for $3,000+ against a former roommate who skipped out without paying two months' rent plus inflicting damage on property. A city marshall used bank account info provided by an assets locator but the account had been closed by the time they reached it. I am wondering what else should I do. I am considering somehow finding out where this individual works and having a lien placed on his salary (if he collects one, that is). He is quite a slippery person; as a hairstylist, he works a lot in cash. This whole process seems like a lot of trouble to go to but I could really use the money from the judgment. What are your thoughts on this situation? What should I do?
1 ANSWER
In order to commence wage garnishment (lien on salary as you call it), you will need to get a transcript of the small claims judgment and docket it with the clerk. You will then need to serve an income execution on the Sheriff/Marshal of the Jurisdiction where the debtor resides for service on the defendant. If the defendant does not respond you will then need to serve the second stage of the income execution on the Sheriff/Marshal of the jurisdiction where the debtor is employed for service upon the employer who will be obligated to responded to the levy by paying a deduction of 10% of the gross wages earned above minimum wage.
Answered on Jun 27th, 2013 at 4:18 PM
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