§ 5225 — Payment or delivery of property of judgment debtor

New York § 5225

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

Text

§ 5225. Payment or delivery of property of judgment debtor. (a)\nProperty in the possession of judgment debtor. Upon motion of the\njudgment creditor, upon notice to the judgment debtor, where it is shown\nthat the judgment debtor is in possession or custody of money or other\npersonal property in which he has an interest, the court shall order\nthat the judgment debtor pay the money, or so much of it as is\nsufficient to satisfy the judgment, to the judgment creditor and, if the\namount to be so paid is insufficient to satisfy the judgment, to deliver\nany other personal property, or so much of it as is of sufficient value\nto satisfy the judgment, to a designated sheriff. Notice of the motion\nshall be served on the judgment debtor in the same manner as a summons\nor by registered or certified mail, return receipt requested.\n (b) Property not in the possession of judgment debtor. Upon a special\nproceeding commenced by the judgment creditor, against a person in\npossession or custody of money or other personal property in which the\njudgment debtor has an interest, or against a person who is a transferee\nof money or other personal property from the judgment debtor, where it\nis shown that the judgment debtor is entitled to the possession of such\nproperty or that the judgment creditor's rights to the property are\nsuperior to those of the transferee, the court shall require such person\nto pay the money, or so much of it as is sufficient to satisfy the\njudgment, to the judgment creditor and, if the amount to be so paid is\ninsufficient to satisfy the judgment, to deliver any other personal\nproperty, or so much of it as is of sufficient value to satisfy the\njudgment, to a designated sheriff. Costs of the proceeding shall not be\nawarded against a person who did not dispute the judgment debtor's\ninterest or right to possession. Notice of the proceeding shall also be\nserved upon the judgment debtor in the same manner as a summons or by\nregistered or certified mail, return receipt requested. The court may\npermit the judgment debtor to intervene in the proceeding. The court may\npermit any adverse claimant to intervene in the proceeding and may\ndetermine his rights in accordance with section 5239.\n (c) Documents to effect payment or delivery. The court may order any\nperson to execute and deliver any document necessary to effect payment\nor delivery.\n