Preview
FILED: INTEREST
YATES SHALL
COUNTY CLERK 05/25/2023 02:23 PM INDEX NO. 2021-5273
BE ACCRUED PURSUANT TO CPLR 5004 AT THE RATE OF TWO (2%) PERCENT PER ANNUM.
NYSCEF DOC. NO.
SURREME 9
COURT OF THE STATE OF NEW YORK T439 INCOME EXECUTION RECEIVED NYSCEF: 05/25/2023
COUNTY OF YATES INDEX NO. 2021-5273
Judgment Creditor
Credit Acceptance Corporation INCOME EXECUTION
Judgment Debtor(s)(name and last known address)
Terry Stuart THE PEOPLE OF THE STATE
OF NEW YORK
TO THE ENFORCEMENT OFFICER, GREETING: The Enforcement Officeris the Sheriff, Marshal of the City of New York or Constable
of the town or Village authorized by law to enforce income execution. A judgment was entered in the within court in favor of the Judgment
Creditor(s) and the particulars are as follows:
CT. OF ORIGINAL ENTRY ENTRY DATE JDGMT AMT. PRIN. BAL. INTEREST DATE
Supreme Ct.: YATES CO. 04/14/2022 $4063.96 $4063.96 4/14/2022 (i) 2% -
This Execution is issued against Terry Stuart whose last known address is 3915 FRIEND HILL RD, PENN YAN NY 14527 and whose
social security number is [SSN redacted pursuant to NYS GBL 399-dd] and who is receiving or will receive $396.00-or above for each
"Employer,"
weekly pay period from the Employer. herein, includes any payor of money to Judgment Debtor. The Eggloyer's miame and
address is:
Employer: Torrey Farms of Potter Inc
Payroll Address: New York Address:
4270 NY-364, 4270 NY-364 a
Penn Yan, NY 14527 Penn Yan, NY 14527
(585) 554-6939 (585) 554-6939
You are directed to satisfy the judgment with interest together with your fees and expenses, out of all monies now and lie after due
and owing to the Judgment Debtor from the Employer pursuant to CPLR § 5231. This income execution only applies if the j nt debtor
resides and works within the State of New York. If your records reflect that the judgment debtor residence and/or wort outside
of New York State, this income execution should not be put into effect.
Directions to Judgment Debtor: You are notified and commanded within 20 days to start paying to the Enforcement Officer setving a
copy of this Income Execution on you: installments amounting to 10% (but no more than the Federal limits set forth in I. Limitations on the
amount that can be withheld, below) of any and all salary, wages or other income, including any and all overtime eamings, commissions or
other irregular compensation received or hereafter to be received from your Employer and to continue paying such installments until the
judgment with interest and the fees and expenses of this Income Execution are fully paid and satisfied, and if you fail to do so this Income
Execution will be served upon the Employer by the Enforcement Officer.
Directions to the Employer: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this Income
Execution on you: installments amounting to 10% (but no more than the Federal limits set forth in I. Limitations on the amount that can be
withheld., below) of any and all salary, wages or other income, including any and all overtime eamings, commissions or other irregular
compensation now or hereafter becoming due to Judgment Debtor until the judgment with interest and the fees and expenses of this /ncome
Execution are fully paid and satisfied.
DATED: April 19, 2022
¡ Stephen
Einst ¡ Joseph G. Devine
O Joseph
J. Ca ¡ Evridike Kollis
O
Anthony Poulin Stephanie R. Vetch
Matter #: 362773
Tromberg, Morris & Poulin, PLLC
39 Broadway, Room 1250, New York, NY 10006
IMPORTANT STATEMENT: This income execution directs the withholding of up to 10 percent of the judgment debtor's gross income.
In certain cases, however, state or federal law does not permit the withholding of that much of the judgment debtor's gross income.
The judgment debtor is referred to New York Civil Practice Law and Rules §5231 and 15 United States Code §1671 et seq.
I. Limitations on the amount that can be withheld
A. An income execution for installments from a judgment debtor's gross income cannot exceed ten percent (10%) of the judgment debtor's
gross income.
B. If a judgment debtor's weekly disposable eamings are less than thirty (30) times the current federal minimum wage ($7.25 per hour
or $217.50 per week), or NYS, NYC, Nassau, Suffolk or Westchester minimums ( See Table "A"), no deduction can be made from the
judgment debtor's eamin under this income execution.
SECOND SHEET***
TY SHERIFF H
PENN YAN y
Within
EXECUTION retume 0 Â * W S O O O O 3 6 2 7 7 3 *
Wholly Unsatisfied
atis led
Part Sat $
On Prin $ 2-
int pd to
E IX-All_D1
1 of 3
FILED: YATESdebtoCOUNTY CLERKeamings
05/25/2023 02:23 PM INDEX NO. 2021-5273
C. A judgment s disposable cannot be reduced below the amount
weekly arrived at by multiplying thirty (30) times the
NYSCEFgreater
DOC.of NO. 9 ($7.25*
the current federal minimum wage per hour, or $217.50*), or NYS minimum ( See RECEIVED
Table "AS, underNYSCEF: 05/25/2023
this income
execution.
D. If deductions are being made frorn a judgment debtors eamings under any orders for alimony, support or maintenance for family
members or formerspouses, and those deductions equal or exceed twenty-five percent (25%) of the judgment debtors disposable eamings,
no deduction can be made from the judgment debtors eamings under this income execution.
E. If deductions
are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for family
members or former spouses, and those deductions are less than twenty-fve (25%) of the judgment debtors disposable eamings, deductions
may be made from the judgment debtors eamings under the income execution. However, the amount arrived at by adding the deductions
from eamings made under this execution to the deductions made under any orders for alimony, support or maintenance for family members
or former spouses cannot exceed twenty-five percent (25%) of the judgment debtors disposable eamings.
NOTE: Nothing in this notice limits the proportion or amount which may be deducted under any order for alimony, support or maintenance
for family members or former spouses.
II. Explanation of limitations
Definitions:
Disposable Eamings-Disposable eamings are that part of an individual's eamings left after deducting those amounts that are required by law
to be withheld (for example, taxes, social security and unemployment insurance, but not deductions for union dues, insurance plans, etc.).
Gross Income-Gross income is salary, wages or other income including any and all overtime eamings, commissions and income from trusts
before any deductions are made from such income.
Illustrations regarding eamings:
If disposable eamings is: Amount to pay or deduct from eamings under this income execution is:
(a) less than 30 times the greater of the federal ($217.50*) or state No payment or deduction allowed.
minimum wage ( See Table "A") or less.
of·
(b) more than 30 time the greater of the federal ($217.50*) or The lesser The excess over 30 times the greater of the federal
state minimum wage ( See Table "A") minimum wage ($217.50*) or the state minimum wage of ( See
and less than 40 times the federal ($290.00*) or state minimum Table "A") or state minimum wage ( See Table "A") or
wage ( See Table "A"). disposable eamings, or 10% of gross income.
of·
(c) 40 times the greater of the federal ($290.00*) or state The lesser 25% of disposable eamings or 10% of
minimum wage ( See Table "A"). or more gross income.
Ill. Notice: You may be able to challenge this income execution through the procedures provided in CPLR §5231(i) and CPLR §5240.
If you think that the amount of your income being deducted under this income execution exceeds the amount permitted by state or federal
law, you should act promptly because the money will be applied to the judgment. If you claim that the amount of your income being
deducted under this income execution exceeds the amount permitted by state or federal law, you should contact your employer or other
person paying your income. Further, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. New York State
law provides two procedures through which an income execution can be challenged:
CPLR §5230. Pursuant to subdivision, (1) of section ifty-two hundred fve of this article, ($3,000.00) Three Thousand Dollars of an
account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two
of subdivision (1) of section fifty-two hundred Eve of this article, is exempt from execution and that the gamishee cannot levy upon or restrain
($3,000.00) Three Thousand Dollars in such an account. An execution notice shall likewise state that pursuant to subdivision (i) of section
fifty-two hundred twenty-two of this article, an execution shall not apply to an amount equal to or less than ninety percent of the greater of two
hundred forty times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or two hundred forty times the state
minimum hourly wage prescribed in section six hundred ifty-two of the labor law as in effect at the time the eamings are payable, except
such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
CPLR §5231(i) Modification. At any time, the judgment debtor may make a motion to a court for an order modifying an income
execution.
CPLR §5240 Modification or protective order; supervision of enforcement. At any time, the judgment debtor may make a
motion to a court for an order denying, limiting, conditioning, regulating, extending or modifying the use of any post-judgment enforcement
procedure including the use of income executions
*
Based upon $7.25 federal minimum wage effective July 24, 2009.
Return (for Sheriff's or Marshal's use only)
O Fully satisted 20 O Unsatistled
O Partially satisfied 20 , $
O Because I was unable to ind the Gamishee (the Employer) within my jurisdiction I retumed this locome Execution to Judgment Credito s
Attomey on 20
Date and time received: O Marshall, City of ...................
O Sheriff, County of ...................
2 of 3
FILED: YATES COUNTY CLERK 05/25/2023 02:23 PM INDEX NO. 2021-5273
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/25/2023
"A"
TABLE
State Minimum Wage Schedule
Effective 12/31/21
of"
(Use the "greater the Federal or applicable New York State Rate)
Hourly Rate 30x 40x
Federal Minimum Wage $ 7.25 $217.50 $290.00
New York State Minimum Wage Rates:
All Firms with Employees in NY City $15.00 $450.00 $600.00
Firms with employees in Nassau, Suffolk, Westchester
Counties $15.00 $450.00 $600.00
Firms with employees-Remainder of State
except NY City, Nassau, Suffolk and Westchester $13.20 $396.00 $528.00
Fast Food Service Industry firms and SUNY
employees employed outside NYC $15.00 $450.00 $600.00
Note: A fast food service industry firm (or fast food establishment) is any business that meets the following
criteria per the Department of Labor:
1. Primarily serves food or drinks, including coffee shops, juice bars, donut shops, and ice cream
parlors; and
2. Offers limited service, where customers order and pay before eating, including restaurants with tables
but without full table service, and places that only provide take-out service; and
3. Is part of a chain of 30 or more locations, including individually owned establishments associated
with a brand that has 30 or more locations nationally.
3 of 3
Preview
FILED: INTEREST YATES SHALL COUNTY CLERK 05/25/2023 02:23 PM INDEX NO. 2021-5273 BE ACCRUED PURSUANT TO CPLR 5004 AT THE RATE OF TWO (2%) PERCENT PER ANNUM. NYSCEF DOC. NO. SURREME 9 COURT OF THE STATE OF NEW YORK T439 INCOME EXECUTION RECEIVED NYSCEF: 05/25/2023 COUNTY OF YATES INDEX NO. 2021-5273 Judgment Creditor Credit Acceptance Corporation INCOME EXECUTION Judgment Debtor(s)(name and last known address) Terry Stuart THE PEOPLE OF THE STATE OF NEW YORK TO THE ENFORCEMENT OFFICER, GREETING: The Enforcement Officeris the Sheriff, Marshal of the City of New York or Constable of the town or Village authorized by law to enforce income execution. A judgment was entered in the within court in favor of the Judgment Creditor(s) and the particulars are as follows: CT. OF ORIGINAL ENTRY ENTRY DATE JDGMT AMT. PRIN. BAL. INTEREST DATE Supreme Ct.: YATES CO. 04/14/2022 $4063.96 $4063.96 4/14/2022 (i) 2% - This Execution is issued against Terry Stuart whose last known address is 3915 FRIEND HILL RD, PENN YAN NY 14527 and whose social security number is [SSN redacted pursuant to NYS GBL 399-dd] and who is receiving or will receive $396.00-or above for each "Employer," weekly pay period from the Employer. herein, includes any payor of money to Judgment Debtor. The Eggloyer's miame and address is: Employer: Torrey Farms of Potter Inc Payroll Address: New York Address: 4270 NY-364, 4270 NY-364 a Penn Yan, NY 14527 Penn Yan, NY 14527 (585) 554-6939 (585) 554-6939 You are directed to satisfy the judgment with interest together with your fees and expenses, out of all monies now and lie after due and owing to the Judgment Debtor from the Employer pursuant to CPLR § 5231. This income execution only applies if the j nt debtor resides and works within the State of New York. If your records reflect that the judgment debtor residence and/or wort outside of New York State, this income execution should not be put into effect. Directions to Judgment Debtor: You are notified and commanded within 20 days to start paying to the Enforcement Officer setving a copy of this Income Execution on you: installments amounting to 10% (but no more than the Federal limits set forth in I. Limitations on the amount that can be withheld, below) of any and all salary, wages or other income, including any and all overtime eamings, commissions or other irregular compensation received or hereafter to be received from your Employer and to continue paying such installments until the judgment with interest and the fees and expenses of this Income Execution are fully paid and satisfied, and if you fail to do so this Income Execution will be served upon the Employer by the Enforcement Officer. Directions to the Employer: You are commanded to withhold and pay over to the Enforcement Officer serving a copy of this Income Execution on you: installments amounting to 10% (but no more than the Federal limits set forth in I. Limitations on the amount that can be withheld., below) of any and all salary, wages or other income, including any and all overtime eamings, commissions or other irregular compensation now or hereafter becoming due to Judgment Debtor until the judgment with interest and the fees and expenses of this /ncome Execution are fully paid and satisfied. DATED: April 19, 2022 ¡ Stephen Einst ¡ Joseph G. Devine O Joseph J. Ca ¡ Evridike Kollis O Anthony Poulin Stephanie R. Vetch Matter #: 362773 Tromberg, Morris & Poulin, PLLC 39 Broadway, Room 1250, New York, NY 10006 IMPORTANT STATEMENT: This income execution directs the withholding of up to 10 percent of the judgment debtor's gross income. In certain cases, however, state or federal law does not permit the withholding of that much of the judgment debtor's gross income. The judgment debtor is referred to New York Civil Practice Law and Rules §5231 and 15 United States Code §1671 et seq. I. Limitations on the amount that can be withheld A. An income execution for installments from a judgment debtor's gross income cannot exceed ten percent (10%) of the judgment debtor's gross income. B. If a judgment debtor's weekly disposable eamings are less than thirty (30) times the current federal minimum wage ($7.25 per hour or $217.50 per week), or NYS, NYC, Nassau, Suffolk or Westchester minimums ( See Table "A"), no deduction can be made from the judgment debtor's eamin under this income execution. SECOND SHEET*** TY SHERIFF H PENN YAN y Within EXECUTION retume 0 Â * W S O O O O 3 6 2 7 7 3 * Wholly Unsatisfied atis led Part Sat $ On Prin $ 2- int pd to E IX-All_D1 1 of 3 FILED: YATESdebtoCOUNTY CLERKeamings 05/25/2023 02:23 PM INDEX NO. 2021-5273 C. A judgment s disposable cannot be reduced below the amount weekly arrived at by multiplying thirty (30) times the NYSCEFgreater DOC.of NO. 9 ($7.25* the current federal minimum wage per hour, or $217.50*), or NYS minimum ( See RECEIVED Table "AS, underNYSCEF: 05/25/2023 this income execution. D. If deductions are being made frorn a judgment debtors eamings under any orders for alimony, support or maintenance for family members or formerspouses, and those deductions equal or exceed twenty-five percent (25%) of the judgment debtors disposable eamings, no deduction can be made from the judgment debtors eamings under this income execution. E. If deductions are being made from a judgment debtors eamings under any orders for alimony, support or maintenance for family members or former spouses, and those deductions are less than twenty-fve (25%) of the judgment debtors disposable eamings, deductions may be made from the judgment debtors eamings under the income execution. However, the amount arrived at by adding the deductions from eamings made under this execution to the deductions made under any orders for alimony, support or maintenance for family members or former spouses cannot exceed twenty-five percent (25%) of the judgment debtors disposable eamings. NOTE: Nothing in this notice limits the proportion or amount which may be deducted under any order for alimony, support or maintenance for family members or former spouses. II. Explanation of limitations Definitions: Disposable Eamings-Disposable eamings are that part of an individual's eamings left after deducting those amounts that are required by law to be withheld (for example, taxes, social security and unemployment insurance, but not deductions for union dues, insurance plans, etc.). Gross Income-Gross income is salary, wages or other income including any and all overtime eamings, commissions and income from trusts before any deductions are made from such income. Illustrations regarding eamings: If disposable eamings is: Amount to pay or deduct from eamings under this income execution is: (a) less than 30 times the greater of the federal ($217.50*) or state No payment or deduction allowed. minimum wage ( See Table "A") or less. of· (b) more than 30 time the greater of the federal ($217.50*) or The lesser The excess over 30 times the greater of the federal state minimum wage ( See Table "A") minimum wage ($217.50*) or the state minimum wage of ( See and less than 40 times the federal ($290.00*) or state minimum Table "A") or state minimum wage ( See Table "A") or wage ( See Table "A"). disposable eamings, or 10% of gross income. of· (c) 40 times the greater of the federal ($290.00*) or state The lesser 25% of disposable eamings or 10% of minimum wage ( See Table "A"). or more gross income. Ill. Notice: You may be able to challenge this income execution through the procedures provided in CPLR §5231(i) and CPLR §5240. If you think that the amount of your income being deducted under this income execution exceeds the amount permitted by state or federal law, you should act promptly because the money will be applied to the judgment. If you claim that the amount of your income being deducted under this income execution exceeds the amount permitted by state or federal law, you should contact your employer or other person paying your income. Further, YOU MAY CONSULT AN ATTORNEY, INCLUDING LEGAL AID IF YOU QUALIFY. New York State law provides two procedures through which an income execution can be challenged: CPLR §5230. Pursuant to subdivision, (1) of section ifty-two hundred fve of this article, ($3,000.00) Three Thousand Dollars of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two of subdivision (1) of section fifty-two hundred Eve of this article, is exempt from execution and that the gamishee cannot levy upon or restrain ($3,000.00) Three Thousand Dollars in such an account. An execution notice shall likewise state that pursuant to subdivision (i) of section fifty-two hundred twenty-two of this article, an execution shall not apply to an amount equal to or less than ninety percent of the greater of two hundred forty times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 or two hundred forty times the state minimum hourly wage prescribed in section six hundred ifty-two of the labor law as in effect at the time the eamings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents. CPLR §5231(i) Modification. At any time, the judgment debtor may make a motion to a court for an order modifying an income execution. CPLR §5240 Modification or protective order; supervision of enforcement. At any time, the judgment debtor may make a motion to a court for an order denying, limiting, conditioning, regulating, extending or modifying the use of any post-judgment enforcement procedure including the use of income executions * Based upon $7.25 federal minimum wage effective July 24, 2009. Return (for Sheriff's or Marshal's use only) O Fully satisted 20 O Unsatistled O Partially satisfied 20 , $ O Because I was unable to ind the Gamishee (the Employer) within my jurisdiction I retumed this locome Execution to Judgment Credito s Attomey on 20 Date and time received: O Marshall, City of ................... O Sheriff, County of ................... 2 of 3 FILED: YATES COUNTY CLERK 05/25/2023 02:23 PM INDEX NO. 2021-5273 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/25/2023 "A" TABLE State Minimum Wage Schedule Effective 12/31/21 of" (Use the "greater the Federal or applicable New York State Rate) Hourly Rate 30x 40x Federal Minimum Wage $ 7.25 $217.50 $290.00 New York State Minimum Wage Rates: All Firms with Employees in NY City $15.00 $450.00 $600.00 Firms with employees in Nassau, Suffolk, Westchester Counties $15.00 $450.00 $600.00 Firms with employees-Remainder of State except NY City, Nassau, Suffolk and Westchester $13.20 $396.00 $528.00 Fast Food Service Industry firms and SUNY employees employed outside NYC $15.00 $450.00 $600.00 Note: A fast food service industry firm (or fast food establishment) is any business that meets the following criteria per the Department of Labor: 1. Primarily serves food or drinks, including coffee shops, juice bars, donut shops, and ice cream parlors; and 2. Offers limited service, where customers order and pay before eating, including restaurants with tables but without full table service, and places that only provide take-out service; and 3. Is part of a chain of 30 or more locations, including individually owned establishments associated with a brand that has 30 or more locations nationally. 3 of 3