Agencies are given the authority to create administrative law through laws enacted by Congress.
The law comes in the form of rules, regulations, procedures, orders, and decisions. In creating these "laws," the agency acts as quasi-judicial, quasi-legislative entity.
What can an administrative agency not do?
An agency's enforcement authority is limited to the powers granted to it by statute.
Agencies cannot pursue matters that are outside the scope of the statute in an administrative proceeding, nor can they impose new procedures or penalties that the statute does not provide.
....
...
Supreme Court casts doubt on agency enforcement actions without juries
Conservative justices, in a securities fraud enforcement case, sound skeptical that defendants shouldn't have a right to be judged by peers
November 29, 2023 at 2:29pm
The Supreme Court appeared ready Wednesday to disrupt the process that federal agencies use to police federal law violations, in a case that challenges enforcement actions at the Securities and Exchange Commission.
Conservative justices expressed skepticism during oral arguments about the constitutionality of the current process at the SEC, where administrative law judges adjudicate violations and the defendants can't get a trial by jury.
But several members of the court questioned how they could agree on a new set of rules for systems that Congress created decades ago, which cover agencies across the federal government that enforce laws such as securities fraud, environmental pollution and immigration.
Justice Amy Coney Barrett and other Republican appointees, who hold a 6-3 majority, pushed the Biden administration to defend the distinction in federal law that allows agencies to bring enforcement actions either in internal agency proceedings or federal courts when defendants only have the right to a trial by jury in the latter.
"So it seems to me if you have an entitlement to a jury if you're in federal court, I don't understand then how you not have that right, how it can go to an agency," Barrett said.
Brian H. Fletcher, arguing for the Biden administration, said the SEC process did not violate the Constitution because it dealt with a public interest, policing fraud in the securities markets, rather than a private right the jury trial was meant to protect.
Fletcher argued that the court decided decades ago that Congress could create "public rights" such as a fraud-free securities market or safe workplaces, and then set up administrative courts to defend those rights without the requirement of a jury trial.
"Securities laws serve different purposes from common law of fraud," Fletcher said.
Justice Neil M. Gorsuch questioned whether the current process violated the Constitution by slapping a different name on a fraud or other violation to dodge defendants' right to a jury trial.
"We don't usually say the government can avoid a constitutional mandate merely by relabeling or moving things around," Gorsuch said.
The back-and-forth over the jury trial right formed much of the oral arguments that stretched more than two hours. A decision, expected by the conclusion of the term at the end of June, could determine the future of federal civil law enforcement in numerous agencies, including
the Environmental Protection Agency,
Consumer Financial Protection Bureau and
U.S. Postal Service, the Biden administration said in court papers.
The case comes from a challenge to an SEC administrative prosecution of George Jarkesy for securities fraud, which would have resulted in $300,000 in fines and $685,000 in disgorgement. Jarkesy challenged the constitutionality of the agency's administrative judge process, and a panel of the U.S. Court of Appeals for the 5th Circuit agreed in a decision issued last year.
Judge Jennifer Walker Elrod wrote for the 5th Circuit panel that the SEC's process deprived Jarkesy of his right to a jury trial and that Congress violated the Constitution by delegating enforcement decisions and placing too many protections on the removal of administrative judges.
Fletcher told the justices Wednesday that upholding the 5th Circuit decision would take a "blunderbuss" to federal agencies' enforcement options and cause disruption across numerous federal agencies. He said the law currently does not allow numerous agencies to bring their administrative cases in federal court, and "it would be a huge imposition on the courts just in terms of the numbers" of cases brought.
S. Michael McColloch, arguing for Jarkesy, said the court should hold that when the government brings a case with the "same essential function" as a traditional lawsuit for claims such as fraud, it should have to bring the case in federal court, where a jury trial right would apply.
Justice Sonia Sotomayor and other Democratic appointees to the court challenged McColloch's position, calling it a "dramatic change" to decades of Supreme Court precedent. Justice Elena Kagan said that "nobody has had the, you know, chutzpah, to quote my people," to challenge Congress' ability to set up agency adjudication for decades.
Barrett pushed McColloch to provide a specific test for which cases would "count" for a jury trial right and which would not.
Barrett pointed out that the court has in the past upheld workplace safety rules that "served the same kind of function" as negligence suits.
McColloch tried to distinguish those by saying that some aspects of administrative law are "prophylactic" and could still be adjudicated within an agency, such as requiring certain precautions in workplaces or requiring participants in securities markets to register with the SEC.
McCulloch argued that the ruling should not extend to cases adjudicating government benefits or debts, which he said would mean agencies could still use administrative judges for Social Security benefits as well as taxes, customs and duties. He also pointed to more than a century of cases upholding the use of administrative judges for immigration cases.
Agency Enforcement Actions Authorized by Law
Administrative agencies are often tasked with enforcing statutes.
To this end, they create rules to help them achieve the legislators' goals, and they conduct investigations to monitor compliance and identify violations.
Some agencies are authorized to pursue formal legal action for alleged violations of rules, regulations, or statutes. These actions may be purely administrative in nature, or agencies may file suit in civil court. In some situations, an agency may pursue criminal charges against an individual or business.
Enforcement Authority
An agency's enforcement authority is limited to the powers granted to it by statute.
Agencies cannot pursue matters that are outside the scope of the statute in an administrative proceeding, nor can they impose new procedures or penalties that the statute does not provide.
They may, however, be able to pursue additional remedies by going outside of purely administrative procedures, such as by filing a civil lawsuit in a court of general jurisdiction.
An agency can only do this, of course, if authorized to do so by statute.
Non-Judicial Enforcement
Many administrative agencies have authority to pursue enforcement actions outside of any court system.
One example at the federal level is the Environmental Protection Agency (EPA), which issues permits to businesses for various activities that might affect environmental conditions, and which is authorized to order businesses to take certain actions in order to brings themselves into compliance with environmental regulations. This often takes the form of a notice of violation issued to the business with an order, which gives the business the opportunity to comply with the order or file an appeal.
Appeals From Enforcement Actions Outside Court
People and businesses affected by these types of proceedings may be able to appeal an agency's decision to a tribunal, such as a court of general jurisdiction.
Administrative Enforcement
Article III of the United States Constitution establishes the U.S. Supreme Court, and Congress created the system of federal district courts and circuit courts of appeal with the Judiciary Act of 1789.
These are known as "Article III courts." Congress has created additional tribunals for the purpose of addressing specific types of claims.
These are often known as "Article I courts," after the part of the Constitution that establishes Congress.
Certain administrative enforcement actions may be brought in these types of tribunals.
U.S. Immigration and Customs Enforcement (ICE) is an agency of the Department of Homeland Security (DHS) with responsibility over enforcement of immigration laws and regulations. One of its functions is to seek the removal, or deportation, of individuals it believes are in this country without proper documentation. Immigration courts, which are part of the Executive Office for Immigration Review (EOIR) in the Department of Justice (DOJ), have jurisdiction over these types of immigration matters. Appeals of immigration court decisions go to another Article I court, the Board of Immigration Appeals (BIA), and then to an Article III appellate court.
Enforcement through Civil Litigation
Some administrative agencies conduct enforcement actions by bringing suit in the court system. They may be authorized to file suit themselves. The Securities and Exchange Commission (SEC), for example, is authorized to file civil lawsuits for alleged violations of securities regulations and statutes like the Securities Act of 1933 and the Securities Exchange Act of 1934.
Lawsuits by the DOJ
The U.S. Department of Justice can file suit on behalf of agencies that do not have statutory authority to sue on their own.
Criminal Enforcement
Agencies that have specific law enforcement responsibilities may have the authority to initiate criminal prosecutions, or to refer them to a prosecutor's office. This includes agencies like the Drug Enforcement Administration (DEA), which is part of DOJ. Some agencies outside the DOJ, like the SEC, may also be able to file criminal complaints on their own.
Last reviewed May 2023
NY Laws ›
Vehicle and Traffic Law ›
Title II ›
Article 2B
ADJUDICATION OF PARKING INFRACTIONS
Section Description
235 Jurisdiction.
c. Default judgment.
Where a city has given notice pursuant to
paragraph a of this subdivision, failure to respond to a notice of
violation for a parking violation within ninety days shall be deemed an
admission of liability and shall subject the owner to a default judgment
being entered thereon in an amount not greater than the amount of the
original fine and accrued penalties plus any applicable surcharges. Such
default shall be reported to the department which department shall cause
a suspension and non-renewal of the owner's registration pursuant to the
provisions of subdivision four-c of section five hundred ten of this
chapter.
S 237. Functions, powers and duties. The parking violations bureau
shall have the following functions, powers and duties:
1. To accept pleas to, and to hear and determine, charges of parking
violations and, except in a city with a population of one million or
more, abandoned vehicle violations;
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and
penalties, provided however, that monetary penalties shall not exceed
fifty dollars for each parking violation other than (i) in a city with a
population of one million or more, violations committed in spaces where
stopping or standing is prohibited for which monetary penalties shall
not exceed one hundred dollars and, (ii) handicapped parking violations
for which monetary penalties shall not exceed one hundred fifty dollars;
and (b) abandoned vehicle violations, except in a city with a population
of one million or more, provided however, that monetary penalties shall
not be less than two hundred fifty dollars nor more than one thousand
dollars for each abandoned vehicle violation; and (c) a city with a
population of one million or more may impose a monetary penalty of up to
two hundred fifty dollars for a first offense and up to five hundred
dollars for subsequent offenses within a six month period for
tractor-trailer combinations, tractors, truck trailers and semi-trailers
parked overnight on streets in residential neighborhoods;
3. To adopt rules and regulations not inconsistent with any applicable
provision of law to carry out the purposes of this article, including
but not limited to rules and regulations prescribing the internal
procedures and organization of the bureau, the manner and time of
entering pleas, the conduct of hearings, and the amount and manner of
payment of penalties;
4. To issue subpoenas to compel the attendance of persons to give
testimony at hearings and to compel the production of relevant books,
papers and other things;
5. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions
in any court of competent jurisdiction or any other place provided for
the entry of civil judgment within the state of New York;
6. To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the bureau and to furnish such
transcripts to the person charged at said person's own expense upon
timely request, and upon said person complying with the regulations of
the bureau;
7. To remit to the finance administrator, or other appropriate finance
officer, on or before the fifteenth day of each month, all monetary
penalties or fees received by the bureau during the prior calendar
month, along with a statement thereof, and, at the same time, to file
duplicate copies of such statement with the comptroller;
8. To answer within a reasonable period of time all relevant and
reasonable inquiries made by a person charged with a parking violation
or his attorney concerning the notice of violation served on that
person. The bureau must also furnish within a reasonable period of time
to the person charged on his request, and upon complying with the
regulations of the bureau, a copy of the original notice of violation
including all information contained thereon. Failure by the bureau to
comply with the provisions of this subdivision or any part of the
provisions of this subdivision, within forty-five days of such inquiry,
forwarded to the bureau by certified or registered mail, return receipt
requested, will result, upon the request of the person charged, in an
automatic dismissal of all charges relating to and only to that notice
of violation to which the inquiry was made;
* 9. To prepare and issue a notice of violation in blank to members of
the police department, the fire department, the traffic department and
to other officers as the bureau by regulation shall determine. The
notice of violation or duplicate thereof, when filled in and sworn to or
affirmed by such designated officers, and served as provided in this
article, shall constitute notice of the parking violation charged;
* NB Effective until December 1, 2019
* 9. To prepare and issue a notice of violation in blank to members of
the police department, the fire department, the traffic department and
to other officers as the bureau by regulation shall determine. The
notice of violation or duplicate thereof, when filled in and sworn to or
affirmed by such designated officers, and served as provided in this
article, shall constitute notice of the parking violation charged.
* NB Effective December 1, 2019
* 10. To adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this chapter as added by section
sixteen of the chapter of the laws of two thousand nine which amended
this subdivision, if authorized by local law adopted pursuant to
subdivision (a) of such section eleven hundred eleven-a or pursuant to
subdivision (a) of such section eleven hundred eleven-b as added by
section sixteen of the chapter of the laws of two thousand nine which
amended this subdivision;
S 241. Final determinations, judgments.
* 1. The hearing examiner
shall make a determination on the charges, either sustaining or
dismissing them. Where the hearing examiner determines that the charges
have been sustained he or she may examine either the prior parking
violations record or the record of liabilities incurred in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter or in accordance with section eleven hundred
eleven-e of this chapter or the record of liabilities incurred in
accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
of the person charged, or the record of liabilities incurred in
accordance with section eleven hundred eleven-c of this chapter, or the
record of liabilities incurred in accordance with section eleven hundred
eighty-b of this chapter, as applicable prior to rendering a final
determination. Final determinations sustaining or dismissing charges
shall be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
The New York City Sheriff's Office (NYCSO), officially the Office of the Sheriff of the City of New York, is the primary civil law enforcement agency for New York City.[1] The Sheriff's Office is a division of the New York City Department of Finance, operating as an enforcement arm.[2] The Sheriff's Office handles investigations concerning cigarette tax enforcement, real estate property/deed fraud and other matters deemed necessary by the Department of Finance.[3]
In addition, as the city's chief civil law enforcement agency concerning the New York State Court System, the Sheriff's Office enforces a variety of mandates, orders, warrants and decrees issued by courts. Enforcement tools include evictions, seizure of property, arrests and garnishments. Auctions are conducted for property the agency seizes and levies upon.
"Divisions". New York City Department of Finance. City of New York. Archived from the original on October 2, 2022. Retrieved February 3, 2023.
New York City Charter § 1526 [2020] "There shall be within the department [of finance] an office of the city sheriff which shall be subject to the supervision and control of the commissioner of finance."
"Sheriff". New York City Department of Finance. City of New York. Archived from the original on December 16, 2022. Retrieved February 3, 2023.
"Fees Of $400,000 To Five Sheriffs. Commissioner Wallstein Reports Collections Made by the Officials in Nine Years. In Favor of Bill Which Proposes to Limit Income of the Office to a Salary" (PDF). New York Times. Vol. LXIV, no. 20851. February 25, 1915. p. 18.
"Woman Named Sheriff's Aide". New York Times. Vol. LXXXVII, no. 29201. January 5, 1938. p. 23.
"McCLOSKEY PICKS HIS 5 CHIEF AIDES" (PDF). New York Times. Vol. XCI, no. 30659 (New York ed.). January 2, 1942. p. 15. Retrieved January 9, 2012.
McKinley, Jesse (November 27, 1994). "F.Y.I." The New York Times. Vol. CXLIV, no. 49893 (New York ed.). sec. 13 p. 2. Retrieved January 21, 2008. "Established in 1626, the Sheriff's office in Manhattan and its equivalents in the other boroughs served as a major part of the patchwork of law-enforcement agencies that existed before the city's consolidation in 1898. After that, the new New York City Police Department took over all the responsibility for Policing and criminal investigations in New York City. Prior to the merger into one department, the sheriff was responsible for maintaining the city jails and maintained custody over all inmates sentenced or awaiting trial for criminal cases. In 1941, The city charter was amended by public referendum votes to transfer custodial duties of inmates in criminal cases to the New York City Department of Correction. Today, the city sheriff's primary duties are enforcing court-ordered judgments and fines, including unpaid parking tickets and littering fines, and collecting judgments from reluctant losers in private lawsuits, said John George, the Sheriff's executive assistant."
"Deputy City Sheriff" (PDF). New York City Department of Citywide Administrative Services. City of New York. Archived from the original (PDF) on January 26, 2023. Retrieved February 3, 2023.
"Mayor Adams Appoints Anthony Miranda as New York City Sheriff" (Press release). New York: Office of the Mayor of New York City. May 3, 2022. Archived from the original on November 17, 2022. Retrieved May 3, 2022.
@NYCSHERIFF (January 31, 2017). "Good work by Deputy Sheriffs Mesa,..." (Tweet) – via Twitter.
"Home". New York City Deputy Sheriffs' Association. Archived from the original on October 11, 2022. Retrieved February 3, 2023.
"Evictions". NYC Department of Finance.
"sheriff-arrest-warrants". NYC Department of Finance.
"sheriff-collecting-judgments". NYC Department of Finance.
"Collecting Judgments & Orders of Seizure". NYC Department of Finance.
"Serving Process". NYC Department of Finance.
"contact-us-by-visit In-Person". NYC Department of Finance.
"sheriff-tax-evasion-deed-fraud". NYC Department of Finance.
"New York City Police Officer Indicted for Stealing Townhouse; Allegedly Transferred Title to Bedford-Stuyvesant Property to Herself" (Press release). Kings County District Attorney's Office. October 19, 2015. Archived from the original on December 8, 2015. Retrieved November 27, 2015.
"Long Island Men Charged In Connection With Stealing Nine Homes From Owners by Illegally Transferring Titles, Filing False Documents" (Press release). Kings County District Attorney's Office. May 13, 2015. Archived from the original on December 8, 2015. Retrieved November 27, 2015.
"Manhattan U.S. Attorney Announces Major Law Enforcement Action Taken Against Synthetic Cannabinoid Manufacturers And Distributors, Including Criminal Charges Against Ten Members Of An International Trafficking Organization". U.S. Department of Justice. September 16, 2015.
"Sheriff / Court & Trust Funds". NYC Department of Finance.
@NYCSHERIFF (December 21, 2017). "Many are unaware @NYCSHERIFF has Special Officers as part..." (Tweet). Retrieved June 18, 2020 – via Twitter.
"New York City Sheriff's Office, NY". The Officer Down Memorial Page (ODMP). Archived from the original on April 15, 2008.
"Sheriff Choices Upheld. Court Rules Against Seekers After New City Jobs". New York Times. June 19, 1942.
Harris, Elizabeth A. (December 7, 2010). "City Sheriff Is Named (You Read That Right)". New York Times. Retrieved February 1, 2016.
"John Teunis Bergen". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Col. L. R. Stegman Dies in Brooklyn. Once Sheriff of Kings County, Civil War Veteran and Journalist was 84". New York Times. October 8, 1923. Retrieved November 30, 2010.
"Charged With Stealing. Indictment And Arrest Of Ex-Sheriff Stegman, Of Kings County" (PDF). The New York Times. May 13, 1886. Retrieved December 22, 2015.
"Ex-Sheriff Creamer Dies" (PDF). New York Times. July 20, 1913.
"Guden "Morally Unfit". Gov. Odell's Stated Reason for Removing Kings County Sheriff. Col. N. S. Dike Succeeds Him. His Own Testimony, Says the Official Decision, Proved Him Incapable and Unqualified for a Public Trust". New York Times. March 8, 1902. Retrieved January 29, 2016.
"Norman Dike Dies. On Bench 25 Years. Former State Supreme Court Justice, Had Been Kings County Judge, Sheriff". New York Times. April 16, 1953.
"Sheriff Melody Assumes Office". The Daily Standard Union. January 2, 1903. p. 12.
"Crowley Wentworth Dies From Injuries. Body of Former Attorney in U.S. Department of Justice Sent to Washington After Services Here". New York Times. January 12, 1928.
"Charles Blakeslee Law". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Ed Riegelmann, Ex-Justice. Former Borough President of Brooklyn Served in Supreme Court for 14 Years. Reached Age Limit in '39. One-Time Kings County Sheriff, Who Began as Messenger. Had Practiced Law Here". New York Times. January 16, 1941.
"Daniel Joseph Griffin". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"J. V. Mangano, 83, Brooklyn Politician, Dies". The New York Times. Vol. CXXXVIII, no. 47673. October 29, 1988. p. 12.
"Two Wives Share in Estate. One Is Widow of Sheriff Stier, the Other Her Sister, Whom He Divorced". New York Times. October 29, 1916.
"Peter Hercules Wendover". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Death Of Ex-Coroner Rollins. He Is Found Dead In His Bed At The Union-place Hotel. A Sketch Of His Career" (PDF). New York Times. December 5, 1878. Retrieved July 3, 2015.
"Tweed's Arch Foe, James O'Brien, Dead. Long Conspicuous in Politics and in Daring Wall Street Speculations. He Once Ran For Mayor. Was Sheriff, Alderman, and State Senator, and Fought Tammany Hall for Years" (PDF). New York Times. March 6, 1907. Retrieved February 6, 2016.
"James O'Brien". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"New Public Officers. Sheriff Bowe And County Clerk Butler Take Possession Of Their Offices" (PDF). New York Times. January 2, 1880. Retrieved February 4, 2016.
"Death Of Peter Bowe. Harlem Politician Who Was Elected Sheriff on the Irving Hall Ticket. Major of Tammany Regiment". New York Times. March 3, 1903.
"Barney Martin, Old Tammany Man, Dies" (PDF). New York Times. August 11, 1914.
"Tamsen Enters His Denial. The Sheriff Says Charges Against Him Are Founded in Malice" (PDF). New York Times. May 12, 1896.
"Sheriff Foley Tries The Big Jail Key". New York Times. January 2, 1908.
"Nicholas J. Hayes Dies Suddenly. Commissioner Of Water Supply Is Stricken With Heart Disease In His Home. Once a Power In Tammany. Served as Sheriff And as Head Of Fire Department. Was Friend Of Late C. F. Murphy". New York Times. January 3, 1928. Retrieved March 25, 2010.
"Julius Harburger Dies Suddenly. Ex-Sheriff and ex-Congressman Succumbs at Home from Congestion of Lungs. Political Speaker at 18. Energetic Official Noted for His Flights of Oratory. His Deputies from All Ranks of Life" (PDF). New York Times. November 10, 1914. Retrieved August 10, 2009.
"Alfred E. Smith Dies Here at 70. 4 Times Governor". New York Times. October 4, 1944. Retrieved January 31, 2016.
"Peter Joseph Dooling". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"James George Donovan". Biographical Directory of the United States Congress. Retrieved January 29, 2016.
"Elected in 1939 for 3-Year Term, W.J. Dempsey Says He Still Has 'Year to Go'". New York Times. January 1, 1942.
"Sheriff Turns Over Office". New York Times. January 4, 1942.
"J.F. O'BRIEN DEAD; A BRONX OFFICIAL; Had Been Deputy Commissioner of Records for the County Since 1918. WAS ITS FIRST SHERIFF Began Career as Store Clerk-- Became General Superintendent of Large Clothing Firm". The New York Times. April 15, 1929. Retrieved September 23, 2018.
Kestenbaum, Lawrence. "The Political Graveyard: Index to Politicians: Donnelly". politicalgraveyard.com. Retrieved September 23, 2018.
"7 Nov 1917, Page 3 - The Sun at Newspapers.com". Newspapers.com. New York Sun. November 7, 1917. p. 3. Retrieved September 23, 2018.
"SHERIFF DONNELLY RESIGNS; Governor Names Thomas H. O'Neill to Succeed Bronx Official". The New York Times. December 31, 1920. Retrieved September 23, 2018.
"What's in a Name - New York City Housing Authority". Archived from the original on May 20, 2011.
Fitzpatrick, Benedict (1927). Wells, James L.; Haffen, Louis F.; Briggs, Josiah A. (eds.). The Bronx and its People, a History, 1609-1927. Vol. III. New York, N.Y.: The Lewis Historical Publishing Co., Inc. pp. 111–112 – via Internet Archive.
External links
Collecting Judgments & Orders of Seizure
Collecting Judgments
To have the Sheriff carry out a judgment to seize assets, you must provide as much information about the location of the debtor's assets as possible, such as:
Bank accounts - bank names, account numbers, savings/checking;
Brokerage accounts and securities holdings - companies, account numbers;
Real estate holdings - addresses;
Vehicles owned - makes/models, years, license plate numbers; and
Business holdings - Does debtor own any businesses? If so, name and address of the business.
You may know some of this information or be able to find it on statements, canceled checks, bills, or other personal records. You can check with the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car that is registered in the state.
You can also obtain an "Information Subpoena" which is a legal document that requires a person (or business entity) to answer questions about their assets. The New York City Small Claims Court can advise you about this process.
There are additional fees involved if the Sheriff has to seize personal property for auction to satisfy the judgment. These fees may include advertising, carting, and security. Enforcement action will not be taken by the sheriff unless the fees are paid in advance.
Some property is exempt from being seized to satisfy a judgment.
Judgment Types
Small Claims Judgments
Civil Court Judgments
Supreme Court Judgments
Orders of Seizure
At any time before a court decision is made, an Order of Seizure can be issued to collect personal property which may have been wrongly taken or withheld from the person entitled to it. Orders of Seizure are temporary. Please bring or send:
A certified copy, plus two copies of the Order of Seizure and the papers upon which the order was granted including the summons and complaint;
The undertaking fixed and approved by the Court for twice the value of the property as stated in the affidavit;
Cover letter detailing actions to be taken;
Check or Money Order for $126.50 made out to "NYC Sheriff";
If sending by mail, send the documents to the office in the borough where defendant or defendant's property is located.
Legal Papers
In order to serve legal papers on the Commissioner or the Department of Finance, mail to:
NYC Department of Finance
66 John Street, Room 104
New York, NY 10038 ��
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Operations section
The operations section is composed of the five county field offices and certain units working citywide. Within the county field offices, deputy sheriffs assigned to civil enforcement duties are referenced as Law Enforcement Bureau (LEB) personnel.
LEB deputies perform a wide array of tasks such as evictions,[12] civil arrest warrants,[13] orders to commit, and the seizure and sale of property pursuant to judicial mandates.[14][15]
"sheriff-collecting-judgments". NYC Department of Finance.
"Collecting Judgments & Orders of Seizure". NYC Department of Finance.
Businesses and individuals that owe the city money pursuant to unpaid tax warrants, environmental control board summons and fire and health code violation fines are targeted for enforcement action.
LEB deputies also serve a wide variety of legal process,[16] with orders of protection considered a priority. Each county field office is complemented by civilian support staff to assist in daily administrative functions and customer service.
These field offices are accessible to the public, giving citizens of the county/borough a local place to file court process in need of enforcement.[17]
Deputies of the Operations Section may be assigned to duties separate from the LEB, either within a county field office or citywide.
These duties include arrests and apprehensions on behalf of other non enforcement city agencies such as the Human Resources Administration, the Department of Health and Mental Hygiene and the Administration for Children's Services.
Deputies may be assigned to scofflaw enforcement or security duties at the city treasury.
The Operations Section will also provide deputies for any other assignment as deemed necessary by the agency.[11]
scofflaw enforcement
What is the Scofflaw Patrol?
The Scofflaw Patrol is a joint effort between the New York City Department of Finance and the New York City Sheriff's Office.
Scofflaw is a noun coined during the Prohibition era which originally denoted a person who drinks illegally, or otherwise ignored anti-drinking laws. It is a compound of the words scoff and law. Its use has been extended to mean one who flouts any law, especially those difficult to enforce, and particularly traffic laws.
Power and authority
New York City Sheriff's Office Ford Crown Victoria Police Interceptor responding
Deputy sheriffs and Criminal Investigators (Sheriff Detective and Sheriff Investigator) are New York State peace officers with authority to make warrantless arrests, issue summonses, carry and use a firearm, conducted energy device, baton, pepper spray, handcuffs. Deputy sheriffs receive their peace officer status pursuant to the New York State Criminal Procedure Law (CPL) §2.10 subdivision 2, while criminal investigators receive their peace officer status from CPL §2.10 subdivision 5.
Deputy sheriffs are also civil enforcement officers with authority to enforce the New York State Civil Practice Law and Rules (CPLR) concerning civil procedure.[22]
"Sheriff / Court & Trust Funds". NYC Department of Finance.
https://www.nyc.gov/site/finance/sheriff-courts/sheriff-courts.page (https://www.nyc.gov/site/finance/sheriff-courts/sheriff-courts.page)
https://www.nyc.gov/site/finance/sheriff-courts/forms.page (https://www.nyc.gov/site/finance/sheriff-courts/forms.page)
Sheriff Forms
Arrest Process Intake Sheet
Service of Process Intake Sheet - (Guidelines for Service of Court Papers)
Request for an Execution from NYC Small Claims or Civil Court - (Affidavit in Support of a Request for Execution Against Income/Property)
Eviction Intake Sheet - (Constructive Possession, Request for Final Order and Issuance of Warrant)
Non-Military Affidavit - (Used for housing court non-payment actions. To be filled out if the tenants' military status was not already established in court.)
Affidavit of Noncompliance - (Used for housing court non-payment actions. To be filled out if tenant has not complied with the court stipulation.)
Vendor Form - (Should be used only when constructive possession is not being elected.)
Execution Waiver - (Used by Attorneys)
General Forms
Computer Data Request
Power of Attorney POA-1
Military Request for Relief (from Lien Sales, ECB and Parking Judgments, and Tax Warrants)
Request for an Execution from NYC Small Claims or Civil Court - (Affidavit in Support of a Request for Execution Against Income/Property) is attached.
///The Form proves that Dept of Finance/PVB need the power of a Court in order Enforce/Execute/Seize and can't do it on their own. ///
I have mailed a copy of the Judgment by Certified Mail, pursuant to 22 NYCRR 208.37, to the Judgment
Debtor at:______________________________________________________________________________
______________________________________________________________________________________
Accordingly, I request that the Chief Clerk issue an Execution against the income and/or the property of
the Judgment Debtor.
This form is to be filled out and given to a Marshal or Sheriff.
The Civil Court may issue an Execution only to a Marshal or Sheriff.
-------
/// The key phrases reveal that the Dept of Finance depends on the Civil Court to issue Execution/Seizure of personal property, while they claim that do it administratively. ///
I hereby direct the Sheriff of the City of New York, NOT to place Custodians in charge of, nor to remove the
property levied upon, pursuant to an Execution issued in the above action, until further notice.
It is further understood
that the Sheriff is relieved from any liability by reason thereof.
BE ADVISED ONCE A LEVY HAS BEEN MADE SHERIFF'S POUNDAGE IS DUE PURSUANT TO
SECTION 8012 (B) PARAGRAPH (2) OF THE C.P.L.R.
/// In the above action refers to the Court case - not Administrative case, which is another proof of the Civil Court involvement. ///
The Execution Waiver to Sheriff - (Used by Attorneys) is attached.
/// They use the same forms for Marshals, based on such phrase incorporated in the forms. ///
Article 80 - Fees
8012 - Mileage Fees, Poundage Fees, Additional Compensation, and Limitation on Compensation of Sheriffs.
Universal Citation: NY CPLR § 8012 (2022)
§ 8012. Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.
(a) Mileage fees. A sheriff is entitled to the current federal internal revenue service mileage reimbursement rate for each mile necessarily travelled in performing the following services, payable in advance: 1. in serving or executing a mandate upon or against one person, or upon or against two or more persons in the course of one journey, computed from the nearest office of the sheriff in the county to the place of service or execution, and return; 2. in serving or executing two or more mandates in one action upon or against one person at one time, computed from the nearest office of the sheriff in the county to the place of service or execution, and return; and 3. in attending a view, computed from the nearest office of the sheriff in the county to the place of attendance, and return.
(b) Poundage fees. 1. A sheriff is entitled, for collecting money by virtue of an execution, an order of attachment, or an attachment for the payment of money in an action, or a warrant for the collection of money issued by the comptroller or by a county treasurer or by any agency of the state or a political subdivision thereof, or for collecting a fine by virtue of a commitment for civil contempt, to poundage of, in the counties within the city of New York, five per cent of the sum collected and in all other counties, five per cent upon the first two hundred fifty thousand dollars collected, and three per cent upon the residue of the sum collected.
2. Where a settlement is made after a levy by virtue of service of an execution, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less.
Where an execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff.
3. Where a settlement is made, either before or after judgment, after a levy by virtue of service of an order of attachment, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less.
Where an order of attachment is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the order of attachment, and the court may order the party at whose instance the order of attachment was granted to pay the same to the sheriff.
Where an order of attachment is otherwise discharged by order of the court, the sheriff is entitled to the same poundage, to be paid by the party at whose instance the order of attachment is discharged, and the sheriff is entitled to retain the property levied upon until the poundage is paid. The maximum amount upon which poundage shall be computed, if such a settlement is made or the order of attachment is vacated or set aside, is one million dollars. 4. Where a settlement is made (i) after service of an income execution upon the debtor pursuant to subdivision (d) of section fifty-two hundred thirty-one of this chapter or upon the garnishee pursuant to subdivision (e) of section fifty-two hundred thirty-one of this chapter, or (ii) after issuance of a property execution pursuant to section fifty-two hundred thirty of this chapter and levy against personal or real property pursuant to section fifty-two hundred thirty-two or fifty-two hundred thirty-five of this chapter, the sheriff is entitled to poundage upon the judgment amount or settlement amount, whichever is less. Where an income or property execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff. 5. A sheriff who brings an action in a court of competent jurisdiction to collect such amount provided for in this subdivision may also be awarded reasonable attorney's fees and court costs.
(c) Additional compensation. A sheriff is entitled in any case, including an instance in which a mandate has been stayed, vacated or set aside, or a settlement has been made after a levy, to such additional compensation for his trouble and expenses in taking possession of and preserving property under any mandate or in removing a person in possession of real property and the said person's property, as the court allows, and the court may make an order requiring the party liable therefor to pay the same to the sheriff.
(d) Mileage fees in the city of New York. For mileage travelled wholly within the city of New York the sheriff of the city of New York shall be entitled to thirty dollars payable in advance, as provided in section eight thousand eleven of this chapter, and commencing one year after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, such fee shall be thirty-five dollars.
Administrative Law FAQs
What do administrative agencies do?
What are some examples of administrative agencies?
What is the difference between executive agencies and independent agencies?
What is the purpose of administrative law?
How was administrative law developed?
How does an administrative agency make rules?
Why does an agency start an investigation?
What does an administrative law judge do?
What happens at an administrative hearing?
Can you appeal a decision after an administrative hearing?
What do administrative agencies do?
Administrative agencies have executive, quasi-legislative, and quasi-judicial functions.
The executive function involves enforcing laws created by the legislature and regulations created by the agency.
The quasi-legislative function involves creating regulations through the agency rule-making process.
The quasi-judicial function involves adjudicatory proceedings that address violations of laws or regulations in the area overseen by the agency.
Sometimes agencies are called the fourth branch of government because they exercise all three traditional government functions.
What are some examples of administrative agencies?
Examples of administrative agencies include the executive departments in the President's Cabinet, such as the Department of State and the Department of Defense.
Meanwhile, the Social Security Administration issues retirement and disability benefits to qualifying Americans. The Food and Drug Administration sets safety standards that protect the health of consumers and patients. The National Labor Relations Board enforces laws related to collective bargaining and unfair labor practices. Examples of administrative agencies at the state level include unemployment commissions, workers' compensation boards, and professional licensing boards.
What is the difference between executive agencies and independent agencies?
Executive agencies are directly controlled by the President, while independent agencies are relatively free from presidential control.
An executive agency usually is run by a single director, while an independent agency usually is run by a board or commission with several members. Unlike the head of an executive agency, a board member at an independent agency generally cannot be removed by the President unless they have good cause. Independent agencies tend to be exempt from presidential review of their rule-making procedures, and they often submit their budgets directly to Congress.
What is the purpose of administrative law?
The main purpose of administrative law consists of ensuring accountability for administrative agencies. By providing judicial review of agency actions, this body of law curbs the power of the executive branch.
It also provides transparency to the public, who can see how the government is operating and can challenge any abuses of power.
/// Virtually non-existent transparency ///
How was administrative law developed?
Administrative law is a relatively modern area of law. It developed after the Great Depression and the New Deal of the 1930s, which witnessed the creation of numerous federal agencies by the administration of President Franklin D. Roosevelt.
Concern over the broad powers wielded by these agencies led to the Administrative Procedure Act of 1946. In addition to granting courts the power to review agency actions, the APA set standard procedures for agency rule-making that fostered public participation in the process.
How does an administrative agency make rules?
An administrative agency first publishes a proposed rule in the Federal Register. Then, any member of the public will have an opportunity to comment on it in support or opposition. In some cases, the agency may hold a hearing on the rule at its discretion or upon request by an interested party. If the agency decides to make significant changes to the rule, it may need to give the public another opportunity to comment on it. Once the rule reaches its final form, the agency will send the rule to the Office of Administrative Law. This final step involves a review of the process of creating the rule. If the process complied with the APA, the rule will take effect and appear in the Code of Federal Regulations.
Why does an agency start an investigation?
An agency investigation may be a preliminary step toward an enforcement action, following an alleged violation of a law or regulation. In other situations, an agency investigation may involve more benign goals. An agency may want to explore whether new rules need to be created or whether existing rules need to be modified. An agency also may want to investigate the circumstances surrounding a license or permit application.
What does an administrative law judge do?
An administrative law judge (ALJ) issues legally binding decisions based on their review of testimony and documentary evidence.
At the federal level, an ALJ is appointed to their position following an oral and written examination. They are technically considered members of the executive branch rather than the judicial branch, but they act independently from the agency and hold substantial authority. There is no jury in administrative hearings, so an ALJ essentially conducts a hearing as a bench trial. Administrative judges at the state level sometimes have less authority than their federal counterparts.
What happens at an administrative hearing?
As they would in a judicial proceeding, each party at the hearing presents evidence and arguments in their favor. The proceeding includes opening statements, documentary evidence, witness testimony, and closing statements. Each party may need to submit a brief as well. The party bringing the complaint or administrative appeal has the burden of proof. After the hearing, the ALJ usually will provide the parties with a proposed decision, to which they can object. The ALJ will consider any objections and modify the decision as they deem appropriate before it becomes final.
Can you appeal a decision after an administrative hearing?
Yes, you can appeal a decision after an administrative hearing. This ultimately may result in review by a state or federal court, as long as you maintain a complete and accurate record of the proceedings.
Courts usually grant substantial deference to agency decisions, but the standard of review varies depending on the situation. Before you get to court, however, you usually must exhaust your administrative remedies. This means that you must first pursue any internal appeal procedures provided by the agency.
Last reviewed May 2023
Appeals From Administrative Proceedings & Your Legal Options
Federal and state agencies have the authority to issue decisions and orders in cases pending before them. After an Administrative Law Judge renders his or her final decision, the parties to the matter may file an appeal. Most agencies maintain specific procedures for appealing a decision, and the appeal is usually handled within that agency. As a result, it is important to research which appellate procedures apply to your case before proceeding with your appeal.
Following a final decision in an administrative hearing, the parties receive a written copy of the Administrative Law Judge's decision with a document providing information on how the parties may file their appeal. In most cases, a party seeking an appeal must prepare and file certain documents with the agency's appellate division.
Exhausting remedies is meant to promote efficiency in the judicial system.
If you are unsatisfied with the outcome of your appeal at the agency level, you have the option of appealing the decision to the superior court in your state or the federal district court for your area. Most state and federal courts will require that you pursue any appellate remedies made available to you by the agency before seeking review of the agency's decision. This doctrine is commonly referred to as the exhaustion of remedies. Agency personnel and Administrative Law Judges have specialized experience and familiarity with the matters that arise within their jurisdiction, so they are best suited to interpret and apply the rules that they administer. Traditional judicial courts, on the other hand, must engage in substantive research and review of the administrative record and issues in question before they can provide a ruling on the issue.
Appeal Procedures for Agency Decisions
Once you have exhausted all of your agency-level appellate remedies, a state or federal court can consider your appeal. A necessary component of successfully pursuing an appeal of an agency decision is maintaining a complete and accurate record. Failure to provide a reviewing state or federal court with a complete record may thwart your efforts. State and federal courts apply different standards of review to agency decisions. A standard of review is the level of deference that the reviewing court gives to the agency's determination.
In de novo review, for example, the reviewing court examines the facts and legal issues as if it were hearing the matter for the first time.
This is the most meticulous form of review and provides the least deference to the agency.
In general, most agency decisions do not receive de novo review but instead receive special deference.
In this instance, the reviewing court evaluates whether the agency's decision was supported by substantial evidence, and whether it was arbitrary, capricious, or an abuse of discretion.
What Is Substantial Evidence?
Substantial evidence is defined as the amount of evidence that a reasonable mind might find adequate to support a conclusion.
Typically, the reviewing court may not accept new evidence.
However, the APA permits a petitioner who wishes to provide supplemental evidence to do so if he or she can establish that:
The new evidence is material to the issues;
The new evidence is not cumulative of the evidence contained in the record; and
The evidence could not have reasonably been presented at the time of the administrative hearing.
If a party satisfies these requirements, the reviewing judge remands the case to the administrative agency so that the new evidence may be presented and admitted into the record.
May 2023
https://www.nyc.gov/site/doi/offices/nyc-marshals.page (https://www.nyc.gov/site/doi/offices/nyc-marshals.page)
Marshals
City Marshals are appointed by the Mayor for five year terms.
At the time of appointment and during his or her term of office, a City Marshal must reside in the City of New York or in the Counties of Nassau, Westchester, Suffolk, Orange, Rockland or Putnam. By law, no more than 83 City Marshals shall be appointed by a mayor. Marshals primarily enforce orders from Civil Court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions. Marshals collectively perform approximately 25,000 evictions per year.
Marshals are regulated by DOI but, unlike the City Sheriff, they are not City employees.
Marshals collect fees, which are set by statute, from the private litigants whose judgments they enforce, and they also retain five percent of any money they collect on judgments.
Marshals must pay an annual assessment to the City consisting of $1,500 plus 4.5% of their gross income.
In October 2015, Mayor de Blasio appointed new members to the Mayor's Committee on City Marshals, which was established by state law and an Executive Order issued in 1980.
The Committee establishes qualification criteria for Marshal candidates and identifies and recommends Marshal candidates for appointment and reappointment by the Mayor.
The Mayor may appoint as Marshals only those candidates recommended by this committee.
List of New York City Marshals
New York City Marshals Handbook
Citywide Performance Reporting (CPR)
City Marshals' Annual Revenue
Frequently Asked Questions About Marshals and Judgments
Frequently Asked Questions About Evictions
Become a City Marshal
City Marshal Applications Available
What to do if your vehicle is seized?
Marshals primarily enforce orders from Civil Court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions. Marshals collectively perform approximately 25,000 evictions per year. Marshals are regulated by DOI but, unlike the City Sheriff, they are not City employees.
https://www.nyc.gov/site/doi/offices/marshals-handook.page (https://www.nyc.gov/site/doi/offices/marshals-handook.page)
NYC Marshals Handbook of Regulations
In 1938, Mayor Fiorello LaGuardia delegated to the Commissioner of Investigation the responsibility to supervise New York City Marshals.
Sixteen years later, in 1954, the Bureau of City Marshals was formally established at the Department of Investigation to carry out the Mayor's mandate.
During Mayor Robert Wagner's third term, the State Court underwent reorganization, and as a result, the Municipal Court and City Court were replaced by the Civil Court of the City of New York.
Pursuant to Article 16 of the New York City Civil Court Act, marshals became officers of the Civil Court of New York City.
The authority to appoint City Marshals remained with the Mayor; however, the power to suspend and remove City Marshals became vested in the Appellate Divisions for the First and Second Judicial Departments.
In 1968, these courts held that "the Appellate Divisions in the First and Second Judicial Departments are jointly vested with the power to supervise the activities of New York City Marshals and that the routine exercise of that power was lawfully delegated by the Appellate Divisions, through the Mayor, to the Department of Investigation."
During the period of its supervision of marshals, the Department of Investigation has issued numerous directives from time to time prescribing the standards for marshals' official conduct, as well as the standards for the maintenance of official books and records.
On November 12, 1975 and February 27, 1976, the Appellate Divisions for the First and Second Judicial Departments issued Joint Administrative Orders 453 and 456, concerning the supervision of City Marshals. These orders formally set forth the Department of Investigation's supervisory powers, which include the power to conduct investigations into marshals' activities, examine their books and records, promulgate directives concerning the official records to be kept by them and the procedures for performing their official duties, as well as the power to discipline them.
Joint Administrative Order 453 specifically authorized the Department of Investigation, with the approval of both Appellate Divisions, to promulgate a "handbook of regulations" for City Marshals. Thus, this handbook is a direct result of the authority vested in the Department of Investigation by the Appellate Divisions for the First and Second Departments.
This handbook, which the Appellate Divisions approved on March 25, 2013, replaces the previous Handbook of Regulations, issued in 1997.
The purpose of updating the Marshals Handbook is to set forth in one reference this Department's directives, issued through the years (as well as certain new directives), for official conduct and record keeping.
All current directives have been codified within this handbook.
As always, a marshal shall be accountable for the duties, functions, and responsibilities that are delegated to him or her pursuant to judicial order, Department of Investigation directive, and this Handbook of Regulations.
About the Handbook
The Marshals Handbook that follows is an electronic reproduction of the actual handbook in PDF format, posted here for the convenience of the public.
NYC Marshals Handbook PDF
https://www.nyc.gov/assets/doi/Marshals/MarshalsHandbook4_24_13_Dir_Guidelines.pdf (https://www.nyc.gov/assets/doi/Marshals/MarshalsHandbook4_24_13_Dir_Guidelines.pdf)
The official Handbook is available for viewing at the City Hall Library (located at 31 Chambers Street, Room 112, New York, New York 10007). The official Handbook may be purchased for $25 in any of the following ways:
1) In person at CityStore:
Municipal Building North Lobby
New York, New York 10007;
2) By phone at: (212) 386-0007;
3) Online through the CityStore's secure E-commerce site.
http://www.nyc.gov/citystore