Legal Question in Credit and Debt Law in New York

Divorce Judgement Income Execution

I would like to try to get income deduction for the arrears in medical insurance payments as per a settlement agreement incorp. into my divorce judgment. The employer is in NY, but another county. I must docket a transcript of judgment in that county. My question is: must I first obtain another ‘money’ judgment?


Asked on 2/22/04, 10:42 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Divorce Judgement Income Execution

No. If you have a money judgment already all you need to do is obtain a transcript from the court that issued the judgment and file it in the county where you want to do the garnishment. Wage garnishment is a form of post judgment remedy handled by the Sheriff of the county wherein your debtor lives. It is a two stage process...stage one is the personal demand against the debtor (in his county by a sheriff of that county). If there is no response to the demand after 30 days I think, the Sheriff requests funds to do the 2nd stage (against the debtor's employer in the county where the employer is)..sometimes that requires you use two separate sheriffs...if the counties are not the same...Good luck

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Answered on 2/22/04, 11:29 pm


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