§ 5201 — Debt or property subject to enforcement; proper garnishee

New York § 5201

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 52: Enforcement of Money Judgments

Text

§ 5201. Debt or property subject to enforcement; proper garnishee. (a)\nDebt against which a money judgment may be enforced. A money judgment\nmay be enforced against any debt, which is past due or which is yet to\nbecome due, certainly or upon demand of the judgment debtor, whether it\nwas incurred within or without the state, to or from a resident or\nnon-resident, unless it is exempt from application to the satisfaction\nof the judgment. A debt may consist of a cause of action which could be\nassigned or transferred accruing within or without the state.\n (b) Property against which a money judgment may be enforced. A money\njudgment may be enforced against any property which could be assigned or\ntransferred, whether it consists of a present or future right or\ninterest and whether or not it is vested, unless it is exempt from\napplication to the satisfaction of the judgment. A money judgment\nentered upon a joint liability of two or more persons may be enforced\nagainst individual property of those persons summoned and joint property\nof such persons with any other persons against whom the judgment is\nentered. No property lien shall be entered or enforced against a\ndebtor's primary residence in an action arising from a medical debt and\nbrought by a hospital licensed under article twenty-eight of the public\nhealth law or a health care professional authorized under title eight of\nthe education law.\n (c) Proper garnishee for particular property or debt.\n 1. Where property consists of a right or share in the stock of an\nassociation or corporation, or interests or profits therein, for which a\ncertificate of stock or other negotiable instrument is not outstanding,\nthe corporation, or the president or treasurer of the association on\nbehalf of the association, shall be the garnishee.\n 2. Where property consists of a right or interest to or in a\ndecedent's estate or any other property or fund held or controlled by a\nfiduciary, the executor or trustee under the will, administrator or\nother fiduciary shall be the garnishee.\n 3. Where property consists of an interest in a partnership, any\npartner other than the judgment debtor, on behalf of the partnership,\nshall be the garnishee.\n 4. Where property or a debt is evidenced by a negotiable instrument\nfor the payment of money, a negotiable document of title or a\ncertificate of stock of an association or corporation, the instrument,\ndocument or certificate shall be treated as property capable of delivery\nand the person holding it shall be the garnishee; except that section\n8--112 of the uniform commercial code shall govern the extent to which\nand the means by which any interest in a certificated security,\nuncertificated security or security entitlement (as defined in article\neight of the uniform commercial code) may be reached by garnishment,\nattachment or other legal process.\n