S T A T E   O F   N E W   Y O R K
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                                  7699

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the civil practice law and rules, in relation to income
  execution service and levy upon default or failure to  serve  judgment
  debtor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions (a), (d), (e) and (j) of section 5231  of  the
civil  practice law and rules, such section as renumbered by chapter 315
of the laws of 1962, subdivision (a) as amended by chapter  532  of  the
laws  of  1963, subdivision (d) as amended by chapter 183 of the laws of
1990, subdivision (e) as amended by chapter 88 of the laws of 1975,  and
subdivisions  (e)  and  (j)  as relettered by chapter 829 of the laws of
1987, are amended to read as follows:
  (a) Form. An income  execution  shall  specify,  in  addition  to  the
requirements of subdivision (a) of section 5230, the name and address of
the  person OR ENTITY from whom the judgment debtor is receiving or will
receive money; the amount of money, the frequency of its payment and the
amount of the installments to be collected therefrom; and shall  contain
a notice to the judgment debtor that he OR SHE shall commence payment of
the  installments  specified to the sheriff forthwith and that, upon his
OR HER default, the execution will be served upon the person  OR  ENTITY
from whom he OR SHE is receiving or will receive money.
  (d) Service upon debtor; FIRST SERVICE BY SHERIFF.  Within twenty days
after an income execution is delivered to the sheriff, the sheriff shall
serve  a  copy  of  it upon the judgment debtor, in the same manner as a
summons or, in lieu thereof, by certified mail return receipt  requested
provided  an  additional  copy is sent by regular mail to the debtor. If
service is by mail as herein  provided,  the  person  effecting  service
shall  retain  the  receipt  together  with a post office certificate of
mailing as proof of such service.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10797-01-5
              

A. 7699                             2

  (e) Levy upon default or failure to serve debtor;  SECOND  SERVICE  BY
SHERIFF.  If  a judgment debtor fails to pay installments pursuant to an
income execution served upon him OR HER for a period of twenty days,  or
if  the sheriff is unable to serve an income execution upon the judgment
debtor  within twenty days after the execution is delivered to the sher-
iff, the sheriff shall levy upon the money that the judgment  debtor  is
receiving  or  will  receive  by serving a copy of the income execution,
indorsed to indicate the extent to which paid installments  have  satis-
fied  the  judgment,  upon  the  person OR ENTITY from whom the judgment
debtor is receiving or will receive money. THE INCOME EXECUTION SHALL BE
SERVED personally within [the] ANY county IN WHICH THE PERSON OR  ENTITY
FROM  WHOM THE JUDGMENT DEBTOR IS RECEIVING OR WILL RECEIVE MONEY HAS AN
OFFICE OR PLACE OF BUSINESS in the same  manner  as  a  summons,  or  by
certified  mail return receipt requested, except that such service shall
not be made by delivery to a person authorized  to  receive  service  of
summons  solely  by  a  designation filed pursuant to a provision of law
other than rule 318.
  (j)  Priority;  delivery  to  another  sheriff.  Two  or  more  income
executions  issued against the same judgment debtor, specifying the same
person OR ENTITY from whom the money is received and  delivered  to  the
same  or  different  enforcement officers shall be satisfied out of that
money in the order in which the executions are delivered to  an  officer
authorized  to  levy  in  the  county,  town or city in which the debtor
resides or,  IN ANY COUNTY IN WHICH THE PERSON OR ENTITY FROM  WHOM  THE
JUDGMENT  DEBTOR  IS  RECEIVING  OR  WILL RECEIVE MONEY HAS AN OFFICE OR
PLACE OF BUSINESS, OR where the judgment debtor is a  non-resident,  the
county,  town  or  city  in  which  he  OR SHE is employed. If an income
execution delivered to a sheriff is returned unsatisfied in whole or  in
part  because  the  sheriff  to  whom it was delivered is unable to find
within the county the person OR ENTITY from whom the judgment debtor  is
receiving  or  will receive money, the execution may be delivered to the
sheriff of any county in which such person [may be found] OR ENTITY  HAS
AN  OFFICE  OR  PLACE OF BUSINESS.   The priority of an income execution
delivered to a sheriff within twenty  days  after  its  return  by  each
previous  sheriff  shall  be  determined  by the time of delivery to the
first sheriff.
  S 2. This act shall take effect immediately.