New York Debtor & Creditor Law Article 5 - JUDGMENT DEBTOR'S DISCHARGE FROM IMPRISONMENT

• 120 - Who May Be Discharged.
  A person, imprisoned by virtue of an execution to collect a sum of money, issued in a civil action or special proceeding, may be discharged...
• 121 - To What Court Application to Be Made.
  Application for such a discharge must be made by petition, addressed to the court from which the execution issued; or to the county court of...
• 122 - When Petition May Be Presented.
  A person so imprisoned may apply for such a discharge, at any time; unless the sum, or, where he is imprisoned by virtue of two...
• 123 - Contents of Petition; Schedule.
  The petition must be in writing; it must be signed by the petitioner; and it must state the cause of his imprisonment, by setting forth...
• 124 - Affidavit of Petitioner.
  An affidavit, in the following form, subscribed and taken by the petitioner, on the day of the presentation of the petition, must be annexed to...
• 125 - Notice to Creditors.
  At least fourteen days before the petition is presented, the petitioner must serve, upon the creditor in each execution, by virtue of which he is...
• 126 - Notice to Creditors; When Service Cannot Be Made.
  The papers, specified in the last section, may be served, either upon the creditor or his representative, or upon the attorney whose name is subscribed...
• 127 - Notice to Creditors; When State a Creditor.
  Where the state is a creditor, the papers must be served upon the attorney-general, who must represent the state in the proceedings.
• 128 - Proceedings on Presentation of Petition.
  Upon the presentation of the petition, schedule, and affidavit, with due proof of service or publication, as prescribed in the last three sections, the court...
• 129 - Adjournment.
  Upon sufficient cause being shown by a creditor, the court may, from time to time, adjourn the hearing; but not to a day later than...
• 130 - Proceedings on Adjourned Day.
  An objection to a matter of form shall not be received upon an adjourned day; and, unless the opposing creditor satisfies the court that the...
• 131 - Assignment; Effect Thereof.
  The assignment must be acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, and must be recorded...
• 132 - Discharge; When to Be Granted.
  Upon the production, by the petitioner, of satisfactory evidence, that the petitioner has actually delivered to the trustee or trustees all the property so directed...
• 133 - Petitioner's Property Still Liable.
  Notwithstanding such a discharge, the judgment creditor in the execution has the same remedies, against the property of the petitioner, for any sum due upon...
• 134 - When Creditor May Issue New Execution Against Person.
  If the petitioner is convicted of perjury, committed in any of the proceedings upon his petition, any judgment creditor, by virtue of whose execution he...
• 135 - Powers and Duties of Trustee.
  The trustee must collect the demands, and sell the other property assigned to him. He must apply the proceeds thereof, after deducting his commissions and...
• 136 - Creditor May Notify Debtor to Apply for Discharge.
  Where a person has been imprisoned by virtue of an execution, for the space of three months after he was entitled, by the provisions of...
• 137 - Effect of Failure So to Apply.
  If the prisoner does not, within thirty days after personal service of such a notice, either present a petition to the proper court, as prescribed...
• 138 - Debtors to State or United States Not to Be Discharged.
  Neither of the following named persons shall be discharged from imprisonment, under the provisions of this article: 1. A person owing a debt or duty...
• 139 - Discharge on Application of Taxpayer.
  Where a person has been arrested by virtue of an execution issued upon a judgment of fifty dollars or under, and has been kept imprisoned...

Last modified: February 3, 2019