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Eviction Marshal Services in Bensonhurst, NY
When the Court Ruled in Your Favor, But Nothing Changed
Hear from Our Customers
Judgment Enforcement for Bensonhurst Landlords and Creditors
Most people who reach out have already been waiting. They won in court weeks or months ago, and the other party still hasn’t paid or hasn’t left. That waiting period is frustrating under any circumstances, but in Bensonhurst — where a lot of landlords own two- and three-family homes and live in the same building as their tenant — it’s not just a legal problem. It’s a daily one. You’re sharing a hallway, a stoop, a block. The pressure is real and it’s personal.
What changes when you work with a licensed NYC Marshal is that the process moves through official legal channels, not informal pressure. An income execution can direct an employer to deduct wages from a debtor’s paycheck. A property execution can reach a bank account. A warrant of eviction, once issued by Brooklyn Housing Court, can be executed with proper notice and procedure — protecting you from the kind of missteps that give a tenant grounds to delay things further.
Bensonhurst tenants often have access to organized advocacy resources, including the Bensonhurst Tenants Council. That’s a reason to make sure every step is handled by someone who knows the process cold. When the paperwork is right and the procedure is followed, there’s very little room for delay.
NYC Marshal Badge #14 — Brooklyn Kings County
We were appointed by the Mayor of New York City and are one of only 28 currently active NYC Marshals — out of a possible 83. That’s not a small distinction. It means we went through a full background investigation by the NYC Department of Investigation, completed required training, and are backed by a $100,000 public officer’s bond. Our office answers to real oversight, not just our own judgment.
The Guida family has been doing this work since 1988. We were brought into the business in 2007, managed the office through a transition after our father’s passing in 2014, and were formally appointed Marshal Badge #14 in 2016. Our office manager and staff worked under our father before that — so when you call, you’re not getting someone who’s still learning the ropes.
We’re based in Corona, Queens, and are authorized to enforce judgments and execute warrants issued by Brooklyn Housing Court and Kings County Civil Court — covering every address in Bensonhurst, from the 86th Street corridor to the blocks off Bay Parkway.
How Judgment Enforcement Works in Brooklyn
The first thing to understand is that winning a judgment in court and collecting on it are two completely separate steps. The court doesn’t collect for you. Once a judge issues a judgment — whether it’s from Brooklyn Civil Court, Kings County Supreme Court, or small claims — you need a licensed NYC Marshal or Sheriff to take the next step. That’s not optional. It’s how the law works.
When you contact us, the first conversation is about what type of enforcement makes sense for your situation. If the debtor is employed, an income execution can be served on their employer, directing a portion of their wages — up to 10% of gross pay per paycheck — to satisfy the judgment. If you know they have a bank account, a property execution can reach those funds directly. We can levy up to double the judgment balance from a debtor’s banking institution. If you’re a landlord with a warrant of eviction already issued by Brooklyn Housing Court, the process moves to scheduling the execution of that warrant, with the required notice given to the tenant beforehand.
One thing worth knowing for Bensonhurst landlords specifically: eviction scheduling can be affected by winter weather. The NYC DOI suspends evictions during hazardous weather conditions, and Bensonhurst’s location along Gravesend Bay means coastal storms can trigger those suspensions. It doesn’t change the outcome — it just means timing matters, and working with an experienced office helps you plan accordingly.
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Income Execution and Property Execution in Brooklyn
We handle the full range of civil enforcement services across Kings County. That includes income execution — also referred to as wage garnishment — where we work directly with a debtor’s employer to secure regular deductions from their paycheck. It includes property execution, which covers bank levies and seizure of personal property or cash to satisfy a judgment. For landlords, we’re authorized to perform both Legal Possession and full Eviction once a Warrant of Eviction has been issued by the NYC Court System.
Small claims enforcement is also available. If you won a judgment in small claims court — maybe against a contractor who didn’t finish the job, a former business partner, or a customer who never paid — enforcement can begin 30 days after the judgment date. A lot of small business owners along 18th Avenue and the Bay Parkway corridor land in exactly this situation: they did the work, they went to court, they won, and then nothing happened. We’re the next step.
The upfront statutory fees to begin enforcement are set by law — not by us — and run approximately $55 to $125 depending on the type of execution. Beyond that, we earn poundage only on money actually collected. That structure means the incentive is aligned: we don’t profit significantly unless the enforcement works.
How do I hire a NYC Marshal to enforce a judgment in Bensonhurst?
Once you have a judgment from Brooklyn Civil Court, Kings County Supreme Court, or small claims court, you can contact us directly to begin enforcement. You’ll need to provide the judgment paperwork and, depending on the type of enforcement, an execution issued by the court clerk. We’ll walk you through exactly what documents are needed for your specific situation — income execution, property execution, or a warrant of eviction — so you’re not guessing at what to submit.
For Bensonhurst residents dealing with a landlord-tenant matter, the relevant court is Kings County Housing Court at 141 Livingston Street in Brooklyn. Once that court issues a Warrant of Eviction, we’re authorized to execute it. The process doesn’t require you to have an attorney, though many clients come through attorney referrals. Either way, we handle the enforcement side from start to finish.
What is the difference between an income execution and a property execution?
An income execution — sometimes called a wage garnishment — directs the debtor’s employer to withhold a portion of their wages each pay period and send it to us to satisfy the judgment. Under New York law, that deduction is capped at 10% of the debtor’s gross wages per paycheck. It’s a steady, ongoing enforcement method that works well when the debtor is employed and their employer can be identified and served.
A property execution works differently. Instead of targeting wages, it targets assets — most commonly a bank account. We serve the bank directly, and the bank is required to freeze and turn over funds up to the amount owed. We can levy up to double the judgment balance from a debtor’s banking institution. If the debtor has cash, personal property, or other seizable assets, those can be reached through a property execution as well. Which method makes more sense depends on what you know about the debtor’s situation, and we can help you think through the right approach.
Can a NYC Marshal execute an eviction anywhere in Bensonhurst, Brooklyn?
Yes. We’re authorized to execute warrants of eviction issued by Brooklyn Housing Court across all five boroughs, which includes every address in Bensonhurst — whether that’s a two-family home on a side street off New Utrecht Avenue, an apartment building along 86th Street, or a unit near the Bay Parkway corridor. Our jurisdiction is not limited to a single borough or precinct.
It’s worth noting that only a licensed NYC Marshal or Sheriff can legally execute a warrant of eviction in New York City. A landlord cannot remove a tenant on their own once they have the warrant — attempting to do so, even after winning in court, can result in serious legal consequences. We handle the execution, provide the required advance notice to the tenant, and manage the process in a way that protects the landlord from procedural missteps that could otherwise delay or complicate the case.
What happens if my tenant contests the eviction or requests a delay in Brooklyn Housing Court?
Tenants in Bensonhurst have access to organized advocacy resources — including the Bensonhurst Tenants Council and NYC’s Right to Counsel program, which provides free legal representation to low-income tenants in Housing Court. This means it’s genuinely common for eviction proceedings to be contested, and a tenant with legal representation may file an Order to Show Cause to pause the eviction while the court reviews their claim.
When that happens, we cannot proceed until the court resolves the motion. The eviction is not canceled — it’s paused. Once the court rules and the warrant remains valid, we schedule the execution. The best protection a landlord has against drawn-out delays is making sure every step in the process was handled correctly from the beginning: proper notice, correct paperwork, and a marshal who follows current procedures. Since the Good Cause Eviction Law took effect in April 2024, there are additional procedural requirements for many Brooklyn landlords, and a procedural error at any stage gives a tenant more grounds to seek a delay.
How long does it take to collect a judgment through a NYC Marshal in Brooklyn?
The timeline depends heavily on the type of enforcement and the debtor’s circumstances. For an income execution, we serve the debtor first, and if they don’t respond within a set period, the employer is then served. Once the employer begins withholding wages, payments come in on a regular paycheck cycle. For a property execution targeting a bank account, the turnaround from service to levy can be faster — often within days of the bank being served, assuming there are funds in the account.
What slows things down most often is incomplete information about the debtor — not knowing their employer, not having a bank name, or dealing with a debtor who has moved or changed jobs. We use up-to-date technology to gather and verify debtor information, which helps reduce delays. For Bensonhurst creditors dealing with debtors who are self-employed or work in cash-based businesses — which is not uncommon in the neighborhood’s small business community — we can advise on which enforcement avenue is most realistic given what’s known about the debtor’s assets.
Does a NYC Marshal charge the same fees as the Sheriff for enforcement in Brooklyn?
The statutory fees are set by New York law and apply equally to both NYC Marshals and the Sheriff’s Office — so the upfront cost structure is the same. For most enforcement actions in Brooklyn, the upfront fees run approximately $55 to $125 depending on whether you’re pursuing an income execution or a property execution. Beyond that, we earn 5% poundage on any amount actually collected, which means the bulk of our compensation is tied directly to results.
Where marshals and the Sheriff differ in practice is in experience and volume. NYC Marshals handle the overwhelming majority of residential evictions in the city — the Sheriff’s Office executed only 36 residential evictions in the first five months of 2024, compared to thousands by marshals during the same period. For Bensonhurst landlords navigating Brooklyn Housing Court, working with a marshal who handles this volume regularly means you’re working with someone who knows the courts, the current procedures, and the practical realities of enforcement in Kings County — not someone learning on your case.