§ 5208 — Enforcement after death of judgment debtor; leave of court; extension of lien

New York § 5208

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

Text

§ 5208. Enforcement after death of judgment debtor; leave of court;\nextension of lien. Except where otherwise prescribed by law, after the\ndeath of a judgment debtor, an execution upon a money judgment shall not\nbe levied upon any debt owed to him or any property in which he has an\ninterest, nor shall any other enforcement procedure be undertaken with\nrespect to such debt or property, except upon leave of the surrogate's\ncourt which granted letters testamentary or letters of administration\nupon the estate. If such letters have not been granted within eighteen\nmonths after the death, leave to issue such an execution or undertake\nsuch enforcement procedure may thereafter be granted, upon motion of the\njudgment creditor upon such notice as the court may require, by any\ncourt from which the execution could issue or in which the enforcement\nprocedure could be commenced. A judgment lien existing against real\nproperty at the time of a judgment debtor's death shall expire two years\nthereafter or ten years after filing of the judgment-roll, whichever is\nlater.\n