Exactly what property is subject to seizure with a marshal’s notice of execution?

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Exactly what property is subject to seizure with a marshal’s notice of execution?

Today I received a marshal’s notice of execution. I wanted to know if they can come and take my cousin’s property because I live under his household? And if so, what items can they take? I don’t have a job or any type of income and they keep harassing me. It is a credit debt from a bank. I am very concerned because I don’t want any of my cousins stuff taken because of my bad judgement.

Asked on April 14, 2011 under Bankruptcy Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is how it works in New York:  A levy is a seizure of property. It is the act of a marshal in taking property into his custody, physically or constructively, to satisfy a money judgment.  There are two different types of personal property which may be levied upon: intangible and tangible. 

If the property is "not capable of delivery," for example, a debt owed to the judgment debtor or money in a bank account, a levy is made by serving a copy of the execution on the garnishee (that is, the person who owes a debt to the judgment debtor or an officer of the bank where the debtor maintains an account).

This type of execution is usually entitled "execution with notice to garnishee." An inventory is not taken when levying upon intangibles.   With respect to property "not capable of delivery," a levy will be effective only if the person served owes a debt to the judgment debtor at the time of service or is in possession or custody of property "not capable of delivery" in which the judgment debtor has an interest at the time of service. Otherwise, the levy is ineffective, even though the person served thereafter acquires such property.  

With respect to tangible property, a marshal may take physical possession removing and storing it, or he may retain a custodian at the premises where the property is located to ensure that the property is not removed. However, a marshal may not put his own lock on the door of a debtor's business without the debtor's written consent. Where a physical seizure is made, the property must be properly identified, tagged, and stored in the marshal's office or in a warehouse under the marshal's own lock and key.

 

  • going to where the judgment debtor's assets are and specifically declaring which items are subject to levy; and
  • serving a copy of the execution; and
  • making an inventory of the property subject to the levy, on the notice of levy form, and leaving a copy thereof with the person in whose possession or custody the property was found.
  • The problem you have here is that some of the property is not your but your cousin's.  Legally the marshal can not take your cousin's property.  So that property has to be properly identified.  Why not try and call the creditor and solve this issue now.  Good luck.


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