Legal Question in Civil Litigation in New York
Collection of a judgment
In order to collect on a judgment given by N.Y.C. Civil Court, I arranged with a N.Y.C. Marshall to seize money from the defendant's bank account. The Marshall successfully seized the money, but mistakenly returned the money to the defendant's bank account when the defendant's attorney falsely asserted that the judgment was being appealed.
The defendant has now empentied its account of funds, precluding their seizure again. I believe that the Marshall should be held liable for its error. The return of the money was a stupid action on the part of the Marshall given that the attorney provided no written evidence that the decision was under appeal.
Is anyone aware of any N.Y.C. agency that I may complain to about the Marshall's conduct? Is the Marshall liable for its errors? Is it feasible to sue the Marshall for the lost funds, which are approximately $17,000.?
Thank you for your assistance.
1 Answer from Attorneys
Re: Collection of a judgment
Something is wrong with the scenario. How did the Marshal execute the judgemnt? Is there prrof of this series of events? The marshall should not have returned the money absent a stay of execution.
Was a bond or undertaking posted? Recover from that.
If all you say is true you should report the attorney to the grievance committee, and file a notice of claim against the city marshal, although I would need to look into this further
before I am sure of the answer.
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