REPORT NO. 133 May 29, 1998

S. 6423 By: Senator Velella

Senate Committee: Judiciary

Effective Date: Immediately

AN ACT to amend the New York city civil court act and the civil practice law and rules, in relation to clarifying the functions, powers and duties of city marshals with regard to the execution of money judgments entered or docketed in the supreme court and increasing the amount of the bond given by such marshals

LAW AND SECTIONS REFERRED TO: NYC Civil Court Act §§ l604(a), 1609; CPLR 105

REPORT PREPARED BY THE COMMITTEE ON CIVIL PRACTICE LAW AND RULES (#43)
 

        This bill would increase, in three steps, the amount of the bond of New York City marshals and would limit their recently-expanded authority to enforce Supreme Court and Family Court money judgments.

        Current law requires each city marshal, upon appointment, to obtain a $20,000 bond to secure the faithful execution of his or her duties. NYCCA §1604(a). The bill would increase the required bond amount to $60,000 on the 90th day after enactment; to $80,000 on July 1, 1999; and to $100,000 on July 1, 2000. The second and third step increases would not be effective if the marshal's enforcement authority over Supreme Court judgments expires before July 1, 1999.

        Last year, legislation broadened the marshal's enforcement powers to embrace Supreme Court and Family Court money judgments, in addition to Civil Court money judgments L. 1997, ch. 455. Because their authority is no longer restricted to enforcing judgments subject to the Civil Court's limited monetary jurisdiction ($25,000 per cause of action, unlimited for counterclaims, or for rent in a summary proceeding), the legislation increased the potential liability for a marshal's malfeasance.

        The current $20,000 bond amount has not been altered during the 35-year existence of the Civil Court. Given the intervening inflation and the marshal's expanded enforcement powers, the marshals are responsible for collecting much larger sums of money than originally anticipated. The increased bond is necessary to protect creditors, debtors, the marshal's own contractors and the City itself, which may be held liable for a marshal's defalcation.

        The 1997 legislation extended the marshal's powers by granting them the enforcement powers of the city sheriff. In so doing, the legislation granted marshals the power to arrest and levy on real property. Unlike the civil service employees of the sheriffs the marshals are self-employed, independently appointed officers, only loosely regulated by the City. In order to minimize potential City liability, the City has recommended that the marshals not have the power to arrest or to levy on real property. The Bill specifically deletes these two powers from those of the marshals. The City's concerns seem legitimate and the bill is appropriately crafted to effect that limitation.

        The 1977 legislation was somewhat ambiguous about the marshals' authority to enforce judgments rendered by courts outside the City of New York. The bill clarifies that the marshals can enforce any Supreme or Family Court judgment, irrespective of where it was rendered. Given, the original and current legislative intent to facilitate collection in New York City of unpaid child support and student loans, the place of the litigation is irre1evant once the claim has been reduced to judgment.

For the foregoing reasons, the bill is APPROVED.

Person Who Prepared This Report: Hon. Michael D. Stallman

Chair of the Committee: Paul H. Aloe, Esq.