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City Marshals Cannot Act Outside the City of New York
06/19/2017
City Marshals Cannot Act Outside the City of New York

Lenders headquartered in New York City lend money all over the country. To enforce the judgment and garnish accounts located outside the City of New York, the lenders’ attorneys frequently hire certain New York City Marshals. A City Marshal is not a public official, but a private business person who must compete for business. The City Marshals working for the attorneys for these lenders have sent levy and garnishment notices to debtors, banks, and credit card processors located outside of New York City. According to the New York City Department of Investigation, which supervises the City Marshals, "a Marshal's jurisdiction and authority to serve executions *** as well as all other mandates and processes, extends through and is limited to the geographical boundaries of the City of New York." The City Marshal can be held liable for the wrongful execution. (McAllaster v. Bailey, 127 N.Y. 583). The attorney for the lender could not issue an improper execution to a City Marshal causing him to levy outside of the City of New York. This could render the attorney liable for issuing a wrongful execution. (Vernes v. Phillips, 266 N.Y. 298). Lawsuits against City Marshals or attorneys to recover monies gotten through wrongful executions can be prosecuted upon the normal contingent fee. While the statute of limitations to sue the City Marshal is one year (CPLR 215), the time limit to sue the attorney would be three years.

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