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City Marshals Cannot Levy Outside of New York City

May 1, 2017

Merchant Cash Advance ("MCA") companies headquartered in New York City lend money all over the country. To collect a judgment, and garnish accounts located outside New York City, the attorneys for MCA companies hire New York City Marshals. A City Marshal is not a public official, but a private business person who must compete for business. To get business from MCA companies, several City Marshals have sent levy or garnishment notices to banks or credit card processors with addresses outside of the City of New York. 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 attorney for an MCA company cannot issue an improper execution to a City Marshal. This would render the attorney equally liable for the wrongful execution.

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