New York Civil Practice Law & Rules Article 52 - ENFORCEMENT OF MONEY JUDGMENTS
- 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...
- 5202 - Judgment Creditor's Rights in Personal Property.
(a) Execution creditor's rights. Where a judgment creditor has delivered an execution to a sheriff, the judgment creditor's rights in a debt owed to the...
- 5203 - Priorities and Liens Upon Real Property.
(a) Priority and lien on docketing judgment. No transfer of an interest of the judgment debtor in real property, against which property a money judgment...
- 5204 - Release of Lien or Levy Upon Appeal.
Upon motion of the judgment debtor, upon notice to the judgment creditor, the sheriff and the sureties upon the undertaking, the court may order, upon...
- 5205 - Personal Property Exempt From Application to the Satisfaction of Money Judgments.
(a) Exemption for personal property. The following personal property when owned by any person is exempt from application to the satisfaction of a money judgment...
- 5206 - Real Property Exempt From Application to the Satisfaction of Money Judgments.
(a) Exemption of homestead. Property of one of the following types, not exceeding one hundred fifty thousand dollars for the counties of Kings, Queens, New...
- 5207 - Enforcement Involving the State.
None of the procedures for the enforcement of money judgments are applicable to a judgment against the state. All procedures for the enforcement of money...
- 5208 - Enforcement After Death of Judgment Debtor; Leave of Court; Extension of Lien.
Except where otherwise prescribed by law, after the death of a judgment debtor, an execution upon a money judgment shall not be levied upon any...
- 5209 - Discharge of Garnishee's Obligation.
A person who, pursuant to an execution or order, pays or delivers, to the judgment creditor or a sheriff or receiver, money or other personal...
- 5210 - Power of Court to Punish for Contempt.
Every court in which a special proceeding to enforce a money judgment may be commenced, shall have power to punish a contempt of court committed...
- 5211 - Privilege on Examination; Immunity.
The court may confer immunity upon any witness in accordance with the provisions of section 50.20 of the criminal procedure law for testimony or evidence...
- 5221 - Where Enforcement Proceeding Commenced.
(a) Court and county in which proceeding commenced. 1. If the judgment sought to be enforced was entered in the city court of any city...
- 5222 - Restraining Notice.
(a) Issuance; on whom served; form; service. A restraining notice may be issued by the clerk of the court or the attorney for the judgment...
- 5222-a - Service of Notices and Forms and Procedure for Claim of Exemption.
(a) Applicability. Any person authorized under subdivision (a) of section fifty-two hundred twenty-two of this article issuing a restraining notice affecting a natural person's account...
- 5223 - Disclosure.
At any time before a judgment is satisfied or vacated, the judgment creditor may compel disclosure of all matter relevant to the satisfaction of the...
- R5224 - Subpoena; Procedure.
Rule 5224. Subpoena; procedure. (a) Kinds and service of subpoena. Any or all of the following kinds of subpoenas may be served: 1. a subpoena...
- 5225 - Payment or Delivery of Property of Judgment Debtor.
(a) Property in the possession of judgment debtor. Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that...
- 5226 - Installment Payment Order.
Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that the judgment debtor is receiving or will receive...
- 5227 - Payment of Debts Owed to Judgment Debtor.
Upon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor,...
- 5228 - Receivers.
(a) Appointment of receiver. Upon motion of a judgment creditor, upon such notice as the court may require, the court may appoint a receiver who...
- 5229 - Enforcement Before Judgment Entered.
In any court, before a judgment is entered, upon motion of the party in whose favor a verdict or decision has been rendered, the trial...
- 5230 - Executions.
(a) Form. An execution shall specify the date that the judgment or order was entered, the court in which it was entered, the amount of...
- 5231 - Income Execution.
(a) Form. An income execution shall specify, in addition to the requirements of subdivision (a) of section 5230, the name and address of the person...
- 5232 - Levy Upon Personal Property.
(a) Levy by service of execution. The sheriff or support collection unit designated by the appropriate social services district shall levy upon any interest of...
- 5233 - Sale of Personal Property.
(a) Public auction. The interest of the judgment debtor in personal property obtained by a sheriff pursuant to execution or order, other than legal tender...
- 5234 - Distribution of Proceeds of Personal Property; Priorities.
(a) Distribution of proceeds of personal property. After deduction for and payment of fees, expenses and any taxes levied upon sale, delivery, transfer or payment,...
- 5235 - Levy Upon Real Property.
After the expiration of ten years after the filing of the judgment-roll, the sheriff shall levy upon any interest of the judgment debtor in real...
- 5236 - Sale of Real Property.
(a) Time of sale; public auction. Between the fifty-sixth and the sixty-third day after the first publication of a copy of the notice of sale,...
- 5237 - Failure of Title to Property Sold.
The purchaser of property sold by a sheriff pursuant to execution or order may recover the purchase money from the judgment creditors who received the...
- 5238 - Directions to the Sheriff.
Upon motion of any party, on notice to the sheriff and all other parties, the court may direct the sheriff to dispose of, account for,...
- 5239 - Proceeding to Determine Adverse Claims.
Prior to the application of property or debt by a sheriff or receiver to the satisfaction of a judgment, any interested person may commence a...
- 5240 - Modification or Protective Order; Supervision of Enforcement.
The court may at any time, on its own initiative or the motion of any interested person, and upon such notice as it may require,...
- 5241 - Income Execution for Support Enforcement.
(a) Definitions. As used in this section and in section fifty-two hundred forty-two of this chapter, the following terms shall have the following meanings: 1....
- 5242 - Income Deduction Order for Support Enforcement.
(a) Upon application of a creditor, for good cause shown, and upon such terms as justice may require, the court may correct any defect, irregularity,...
- 5250 - Arrest of Judgment Debtor.
Upon motion of the judgment creditor without notice, where it is shown that the judgment debtor is about to depart from the state, or keeps...
- 5251 - Disobedience of Subpoena, Restraining Notice or Order; False Swearing; Destroying Notice of Sale.
Refusal or willful neglect of any person to obey a subpoena or restraining notice issued, or order granted, pursuant to this title; false swearing upon...
- 5252 - Discrimination Against Employees and Prospective Employees Based Upon Wage Assignment or Income Execution.
1. No employer shall discharge, lay off, refuse to promote, or discipline an employee, or refuse to hire a prospective employee, because one or more...
- 5253 - Cost of Living Adjustment for Personal and Real Property Exempt From Application to the Satisfaction of Money Judgments and Exemptions in Bankruptcy.
(a) Beginning on April first, two thousand twelve, and at each three-year interval ending on April first thereafter, the dollar amount of the exemption provided...
Last modified: February 3, 2019