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New York Civil Practice Law & Rules - Article 52 - § 5201 Debt or Property Subject to Enforcement; Proper Garnishee

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Civil Practice Law and Rules
 
    § 5201. Debt or property subject to enforcement; proper garnishee. (a)
  Debt  against  which  a money judgment may be enforced. A money judgment
  may be enforced against any debt, which is past due or which is  yet  to
  become  due, certainly or upon demand of the judgment debtor, whether it
  was incurred within or without the state,  to  or  from  a  resident  or
  non-resident,  unless  it is exempt from application to the satisfaction
  of the judgment. A debt may consist of a cause of action which could  be
  assigned or transferred accruing within or without the state.
    (b)  Property  against which a money judgment may be enforced. A money
  judgment may be enforced against any property which could be assigned or
  transferred, whether it  consists  of  a  present  or  future  right  or
  interest  and  whether  or  not  it  is vested, unless it is exempt from
  application to the  satisfaction  of  the  judgment.  A  money  judgment
  entered  upon  a  joint liability of two or more persons may be enforced
  against individual property of those persons summoned and joint property
  of such persons with any other persons  against  whom  the  judgment  is
  entered.
    (c) Proper garnishee for particular property or debt.
    1.  Where  property  consists  of  a right or share in the stock of an
  association or corporation, or interests or profits therein, for which a
  certificate of stock or other negotiable instrument is not  outstanding,
  the  corporation,  or  the  president or treasurer of the association on
  behalf of the association, shall be the garnishee.
    2. Where property  consists  of  a  right  or  interest  to  or  in  a
  decedent's  estate or any other property or fund held or controlled by a
  fiduciary, the executor or trustee  under  the  will,  administrator  or
  other fiduciary shall be the garnishee.
    3.  Where  property  consists  of  an  interest  in a partnership, any
  partner other than the judgment debtor, on behalf  of  the  partnership,
  shall be the garnishee.
    4.  Where  property  or a debt is evidenced by a negotiable instrument
  for  the  payment  of  money,  a  negotiable  document  of  title  or  a
  certificate  of  stock of an association or corporation, the instrument,
  document or certificate shall be treated as property capable of delivery
  and the person holding it shall be the garnishee;  except  that  section
  8--112  of  the uniform commercial code shall govern the extent to which
  and the  means  by  which  any  interest  in  a  certificated  security,
  uncertificated  security  or security entitlement (as defined in article
  eight of the uniform commercial code) may  be  reached  by  garnishment,
  attachment or other legal process.
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Last modified: February 15, 2014