Blumberg 120 Template

Guidelines on Filling in Blumberg 120

Filling out the Blumberg 120 form, a document geared toward the execution against property in connection with legal proceedings, requires careful attention to detail. This form is integral for instructing sheriffs on how to proceed with property execution and provides notices to garnishees about legal financial obligations. Following the structured steps to complete this form correctly ensures that legal procedures are adhered to meticulously.

1. Begin by entering the Blank Court information at the top of the form, including index number, court, and county of execution against property.
2. Complete the section labeled "LAW OFFICES OF" with the name, address, and contact information of the attorney(s) representing the plaintiff(s).
3. In the "Plaintiff(s) against Defendant(s)" section, accurately fill in the names of the parties involved in the legal action.
4. Specify the Sheriff of any County to whom the execution is addressed, designating the official responsible for carrying out the property levy.
5. Under the attorney(s) for levy section, reiterate the name(s) and post office address with clear instructions for the sheriff, including any interest rates applicable from the judgment date, besides the sheriff's fees and other related expenses.
6. Enter the dated and time received by the Sheriff information to document when the execution request was officially lodged.
7. For the Notice to Garnishee portion, detail the name and address of the garnishee, which is critical for informing the individual or entity that holds the debtor's assets of their legal obligations under the execution order.
8. Provide the address of the judgment debtor and the location of the property targeted for execution to ensure the sheriff and garnishee have precise information on where and from whom to collect or restrain assets.
9. The last section of the form requires the signature and printed name of the individual completing the form to authenticate it. The date of signing should also be included.
10. Lastly, if applicable, the endorsement area at the bottom offers space to note any defendants not served with a summons and any restrictions on the execution as prescribed by law. This part is essential for limiting the execution to include only property co-owned with or owned solely by other defendants who were summoned.

Once all the necessary fields on the Blumberg 120 form have been filled out carefully, it should be reviewed for accuracy before submitting it to the appropriate sheriff's office. The forwarding of this completed document marks the commencement of the legal process for executing against the property in accordance with the judgment obtained by the plaintiff(s) against the defendant(s). Compliance with all detailed instructions ensures the execution process proceeds smoothly and legally.

What is the Blumberg 120 form?

The Blumberg 120 form, also referred to as "Execution Against Property, To Sheriff, Notice to Garnishee," is a legal document used in New York. It is designed to facilitate the process by which a creditor can enforce a judgment by seizing a debtor's property or assets. This includes notifying the sheriff to levy the debtor's property and informing any garnishees, such as banks or employers, who hold the debtor's assets.

What are the key features of the Blumberg 120 form?

The Blumberg 120 form includes several key features designed to streamline the execution process. These features include:

1. Spaces for the original, an office copy, and two copies each for the debtor and garnishee, ensuring all parties are adequately informed.
2. Exemption amounts under CPLR § 5205(l), protecting a portion of a debtor's account from seizure.
3. Provisions under CPLR § 5222(i), setting limitations on the garnishment of earnings, with exemptions based on the federal or state minimum hourly wage.
4. An endorsement section for noting defendants who were not served with a summons and specifying restrictions on levying their sole property.

Who needs to use the Blumberg 120 form?

The Blumberg 120 form is utilized by creditors seeking to enforce a judgment by levying a debtor's assets. It is also used by attorneys representing these creditors in court. Sheriffs, who are responsible for executing the levy, and garnishees, typically banks or employers, who may hold assets belonging to the debtor, are also key parties involved in the process facilitated by this form.

How does the exemption under CPLR § 5205(l) work?

Under CPLR § 5205(l), a specific portion of an account containing direct deposit or electronic payments identifiable as statutorily exempt payments is protected from execution. This means $2,625 of such an account is exempt from being levied upon by the garnishee. This provision aims to safeguard a debtor's basic income from seizure, ensuring they have access to minimum financial resources.

What are the implications of CPLR § 5222(i) on earnings?

CPLR § 5222(i) outlines the protection of a debtor's earnings from garnishment, with the exemption calculated as either 90% of 240 times the federal minimum hourly wage or the state minimum hourly wage, whichever is greater. This exemption seeks to protect a substantial portion of the debtor’s earnings, while allowing for some part to be garnished if a court deems it unnecessary for the debtor's and their dependents' reasonable requirements.

How are undelivered summonses addressed in the Blumberg 120 form?

The form includes an endorsement section where the attorney can note defendants who have not been served with a summons. For these defendants, property levies must be executed with restrictions, mainly limiting the seizure to joint property owned with other defendants who were summoned or their solely owned property, in cases where there are joint assets with summoned defendants.

Where can I find the Blumberg 120 form?

The Blumberg 120 form can be obtained from the BlumbergExcelsior, Inc. website, www.blumberg.com. This site offers a variety of legal forms, including the Blumberg 120. Legal professionals, creditors, and interested parties are encouraged to access the form through this official source to ensure they are using the most current version.

1. Failing to accurately fill in the index number can result in the form being processed in the wrong case or not recognized as part of an ongoing legal action. The index number is a unique identifier for each case and should be cross-checked for accuracy.

2. Overlooking the need to specify the county and court where the judgment was obtained. This information ensures the sheriff understands the jurisdiction from which the execution originates, which is critical for enforcement actions.

3. Incorrectly listing the name and address of the garnishee. Garnishees are third parties holding assets of the debtor, such as banks or employers, and incorrect information may lead to failed garnishment attempts.

4. Not providing a precise location of property when the execution is against tangible assets. Detailing the exact location facilitates the sheriff's task in locating and levying the property.

5. Misidentifying or omitting the debtor’s address. The sheriff needs this information to communicate with the debtor or serve notices as required by law.

6. Omitting the law firm’s name and address in the attorney section. This contact information is essential for any needed clarification or follow-up communication.

7. Forgetting to date and sign at the designated section towards the end of the form. An execution document is not legally binding without the attorney's or claimant’s signature along with a date, validating the document's currency.

8. Not accurately calculating or stating the amount to be collected "with interest from besides your fees, etc." Making this mistake could lead to the collection of an incorrect amount, either in excess or deficit of what is legally due.

9. Disregarding specific exemptions, such as the protection of $2,625 in an account from execution as mentioned under CPLR § 5205(l). Mistakenly attempting to levy these funds can lead to legal complications.

These common errors can significantly delay the execution process, affect the legal outcome, or even result in penalties for non-compliance with procedural requirements. Attention to detail and a thorough understanding of the Blumberg 120 form's requirements can help avoid these pitfalls.

In the complex landscape of legal documentation and proceedings, the Blumberg 120 form, known officially as the Execution Against Property, plays a crucial role. Alongside this pivotal document, several other forms are frequently utilized to ensure a comprehensive approach to legal execution processes. Each document serves a specific purpose, contributing to a seamless operational flow and ensuring all legal and procedural bases are covered. Here are some of the key documents often used in conjunction with the Blumberg 120 form:

• Notice of Motion: This document is typically employed to inform parties of the intention to seek a court order. It outlines the nature of the order sought and provides details on when and where the motion will be made. It is crucial for informing all involved parties about the proceedings and the specific requests being made to the court.
• Affidavit of Service: After documents like the Blumberg 120 form are served, an Affidavit of Service is often filed. This sworn statement verifies that the document was delivered to the relevant parties in the manner prescribed by law. It's a critical piece of evidence that confirms the delivery of important legal documents.
• Claim of Exemption Form: When property or wages are being garnished, the debtor can use this form to claim that certain assets are exempt from the garnishment under federal or state law. This is particularly relevant to the Blumberg 120 form as it relates directly to the execution against property. It allows debtors to protect certain assets that are deemed necessary for basic living expenses.
• Income Execution Order: This legal document is sent to an employer to garnish a portion of the debtor’s wages to satisfy a judgment. It is a follow-up measure that can be necessary if the initial execution against property does not fully satisfy the judgment. It outlines how much and how often funds should be deducted from the debtor's earnings.

Understanding the role and nuances of these forms is essential for individuals and professionals navigating the execution process. Each document serves to streamline and enforce legal judgments effectively, ensuring that all parties are aware of their obligations and rights. By systematically incorporating the Blumberg 120 form along with these additional documents, the legal system aims to maintain fairness and efficiency in the execution against property and garnishment proceedings.

• Income Execution Order: Similar to the Blumberg 120 form, an Income Execution Order is used for garnishment processes related to a debtor's earnings. Both documents facilitate the legal procedure where a portion of a debtor's income is directed to the debtor's creditor to satisfy an outstanding debt. Importantly, the Income Execution Order also protects a certain amount of the debtor's earnings, ensuring they are not subject to garnishment, much like the Blumberg 120 form specifies protected amounts under CPLR § 5222(i).

• Property Levy: The Property Levy document authorizes the seizure of a debtor's property to satisfy a debt, similar to how the Blumberg 120 form functions with its permissions regarding the execution against property. Both documents are utilized in cases where monetary judgments must be satisfied through assets rather than direct financial transactions. The Blumberg 120 form specifically outlines how property owned jointly can be approached, indicating a nuanced approach to property levies within its framework.

• Bank Levy: This document serves a similar purpose to the Blumberg 120 form by allowing a creditor to seize assets from a debtor's bank account. Both enable the garnishee (in this case, the bank) to withhold funds from the debtor's account to be turned over to the creditor. The Blumberg 120 form's provisions regarding the exemption of certain amounts from execution parallel the protections offered in bank levies, safeguarding a portion of the debtor's assets from seizure under specific statutory exemptions.

• Restraining Notice: Like the Blumberg 120 form, a Restraining Notice is employed in debt collection efforts to freeze a debtor's assets, preventing the transfer or disposal of assets that could be used to satisfy a judgment. The document communicates to third parties, such as banks or employers, that they are prohibited from releasing the debtor's assets. The Blumberg 120 form shares a similar function in providing notice to garnishees about restrictions on what can be collected, effectively acting as a means to enforce a judgment while respecting statutory exemptions.

When filling out the Blumberg 120 form, it's important to follow certain guidelines to ensure accuracy and compliance. Here are some dos and don'ts:

• Do carefully read the entire form before beginning to fill it out.
• Do use black ink or type to ensure legibility.
• Do verify all the legal information, including the correct legal names of all parties involved.
• Do include the complete address of the garnishee, as well as the judgment debtor.
• Do correctly calculate exemptions according to CPLR § 5205(l) and § 5222(i) to accurately report the exempt amount.

There are also key points to avoid:

• Don't leave any blanks unfilled. If a section does not apply, mark it with N/A.
• Don't guess on legal details or amounts; always refer to the judgment or consult with a legal professional if unsure.
• Don't use white-out or make other alterations on the form; this can cause processing delays or even rejection.
• Don't forget to serve copies to all parties as required by the instructions on the form.

When it comes to navigating legal documents, misunderstandings are common. The Blumberg 120 form is no exception. Here are five common misconceptions about this form and clarifications to help understand its purpose and use better.

• It's only for the use of attorneys. While it's true that legal professionals primarily use the Blumberg 120 form, it's a misconception that only attorneys can access or understand it. This form, related to the execution against property with notice to garnishee, is publicly available. Individuals, with proper guidance, can use it to understand their rights or obligations under the law.

• It applies to all kinds of property. Another common misunderstanding is that the execution against property mentioned in the form applies to all types of property. In reality, the form, as indicated in its clause pursuant to CPLR § 5205(l), specifies that certain types of accounts, especially those containing statutorily exempt payments, are exempt up to $2,625. This means that not all property can be levied upon or restrained.

• Any amount in an account can be targeted for garnishment. This concept is corrected by the form itself, which states that up to 90% of the greater of 240 times the federal or state minimum hourly wage cannot be applied to an execution as defined by CPLR §5222(i). This effectively protects a significant portion of an individual's earnings from garnishment, contrary to the belief that all funds in an account are available for this purpose.

• The form can be used without court approval. A critical misunderstanding is that the Blumberg 120 form can be executed without any court input. The truth is, both the issuance of this form and its execution depend on prior court approval or judgment. The mention of the court, index number, and attorneys involved directly in the form underscores the legal oversight required.

• It provides complete protection for all debtor's assets. While the form does outline exemptions and protections for individuals' assets to a degree, it does not offer complete protection for all debtor's assets. Certain assets can still be levied upon, especially if they exceed the exempt amounts or do not fall under the specific categories of protection. It's a misconception that once this form is in play, all of a debtor's property is safe from execution.

Understanding the specifics of the Blumberg 120 form is crucial for both legal practitioners and individuals navigating the complexities of executions against property and garnishment. Misconceptions can lead to misguided expectations and preparations, emphasizing the importance of seeking accurate information or legal advice when dealing with such matters.

Filling out the Blumberg 120 form correctly is crucial for the legal process involving execution against property and notifying a garnishee. Understanding its proper use helps ensure that these actions comply with the law. Here are five key takeaways to remember:

• The Blumberg 120 form is designed for use when executing against property. It informs the sheriff and the garnishee (a third party who owes money or holds property of the debtor) about the execution process.
• You must provide copies of the form as needed: an original for the office, two copies for the debtor, and two for the garnishee. This ensures that all parties are properly informed.
• A portion of the debtor's account is protected from execution. Specifically, $2,625 of an account with direct deposits or electronic payments identifiable as exempt under CPLR § 5205(l) cannot be levied. This exemption protects the debtor's essential funds.
• Earnings protection is also a feature of this form, guided by CPLR § 5222(i). It shields an amount equal to or less than 90% of 240 times the federal or state minimum hourly wage, whichever is greater. This calculation is meant to safeguard the debtor's necessary income for living expenses.
• If the defendants named in the execution were not served a summons, the execution against property must be adjusted accordingly. The form requires specifying these defendants and indicates that collection can only occur from property jointly owned by them with the summoned defendants or from the latter's property alone.

Understanding these key aspects of the Blumberg 120 form can help parties navigate the complexities of executing against property and involving garnishees with greater ease and legality.