Blumberg 120 Form PDF Details

Navigating through the intricacies of legal documentation, particularly when dealing with financial matters, can often seem daunting. The Blumberg 120 form, officially known as "Execution Against Property, To Sheriff, Notice to Garnishee," is a critical tool in the realm of legal financial transactions, specifically designed to facilitate the process of debt collection. Crafted by BlumbergExcelsior, Inc., a publisher based in New York City, this form allows for executing judgments by targeting a debtor's property. It is carefully structured to ensure the rights and obligations of all parties are clear, safeguarding a portion of the debtor’s funds from being levied by garnishment. Specifically, it adheres to the CPLR § 5205(l) statute, protecting up to $2,625 in accounts receiving direct deposits or electronic payments identified as statutorily exempt, and follows CPLR § 5222(i) regarding the protection of earnings from execution, based on the federal or state minimum wage rates. Moreover, this form includes provisions for situations where a summons has not been served to all defendants, outlining restrictions on property execution and collection. This document encapsulates the intersection of legal foresight and the protection of individuals’ rights, making it a pivotal piece for attorneys, sheriffs, and involved parties in navigating the execution against property with added clarity and precision.

QuestionAnswer
Form NameBlumberg 120 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesblumberg 120 property execution form, blumberg x 120, property execution form new york state courts forms, blumberg 120

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120 — Execution Against Property, To Sheriff, Notice to Garnishee;

©2012 by BlumbergExcelsior, Inc., PUBLISHER, NYC 10013

Blank Court. 6 blanks suggested: original; office copy; 2 copies each

www.blumberg.com

for debtor and garnishee if officer cannot serve personally. 6–12

 

Pursuant to CPLR § 5205(l), $2,625 of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in CPLR § 5205(l)(2), is exempt from execution and the garnishee cannot levy upon or restrain $2,625 in such an account.

Pursuant to CPLR § 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or 240 times the state minimum hourly wage prescribed in Labor Law § 652 as in effect at the time the earnings are payable, except such part as a court determines to be unnec- essary for the reasonable requirements of the judgment debtor and his or her dependents.

DATED:

Signature

Print name signed

ENDORSEMENT

Please take notice that the following named defendants were not served with a summons herein, viz.:

and that, as to them, the execution must be restricted as below prescribed.

An execution against property shall not be levied upon the sole property of such a defendant, but it may be collected out of real and personal property owned by him jointly with the other defendants who were summoned or with any of them, and out of the real and personal property of the latter or any of them.

Attorney(s) for

Name and Address of Garnishee

Address of Judgment Debtor

Location of Property

INDEX NO.COURTCOUNTY OF

EXECUTION

 

 

 

AGAINST PROPERTY

 

 

 

With Notice to Garnishee

 

 

 

 

 

 

 

 

 

 

 

 

LAW OFFICES OF

 

 

 

Plaintiff(s)

 

 

against

 

 

 

 

 

Defendant(s)

 

 

 

 

 

 

 

 

 

Sheriff of any County

Attorney(s) for

Levy and collect as within directed

Office and Post Office Address

with interest from

 

 

besides your fees, etc.

Dated and time received

Sheriff

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Step # 1 of completing nys property execution blumberg legal forms

2. Just after the last part is completed, go on to type in the applicable information in all these - Pursuant to CPLR i an execution, Dated, Signature, and Print name signed.

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Completing section 3 of nys property execution blumberg legal forms

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