Enforcement of Money Judgments

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.

(b) Property against which a money judgment may be

enforced.

(c) Proper garnishee for particular property or debt.

5202. Judgment creditor's rights in personal property.

(a) Execution creditor's rights.

(b) Other judgment creditor's rights.

5203. Priorities and liens upon real property.

(a) Priority and lien on docketing judgment.

(b) Extension of lien.

5204. Release of lien or levy upon appeal.

5205. Personal property exempt from application to the

satisfaction of money judgments.

(a) Exemption for personal property.

(b) Exemption of cause of action and damages for taking

or injuring exempt personal property.

(c) Trust exemption.

(d) Income exemptions.

(e) Exemptions to members of armed forces.

(f) Exemption for unpaid milk proceeds.

(g) Security deposit exemption.

(h) Enacted without subdivision heading.

(i) Exemption for life insurance policies.

(j) Exemption for New York state college choice tuition

savings program trust fund payment monies.

(k) Enacted without subdivision heading.

(l) Exemption of banking institution accounts into which

statutorily exempt payments are made

electronically or by direct deposit.

(m) Enacted without subdivision heading.

(n) Enacted without subdivision heading.

5206. Real property exempt from application to the satisfaction

of money judgments.

(a) Exemption of homestead.

(b) Homestead exemption after owner's death.

(c) Suspension of occupation as affecting homestead.

(d) Exemption of homestead exceeding one hundred fifty

thousand dollars in value for the counties of

Kings, Queens, New York, Bronx, Richmond, Nassau,

Suffolk, Rockland, Westchester and Putnam; one

hundred twenty-five thousand dollars for the

counties of Dutchess, Albany, Columbia, Orange,

Saratoga and Ulster; and seventy-five thousand

dollars for the remaining counties of the state.

(e) Sale of homestead exceeding one hundred fifty

thousand dollars for the counties of Kings,

Queens, New York, Bronx, Richmond, Nassau,

Suffolk, Rockland, Westchester and Putnam; one

hundred twenty-five thousand dollars for the

counties of Dutchess, Albany, Columbia, Orange,

Saratoga and Ulster; and seventy-five thousand

dollars for the remaining counties of the state in

value.

(f) Exemption of burying ground.

5207. Enforcement involving the state.

5208. Enforcement after death of judgment debtor; leave of

court; extension of lien.

5209. Discharge of garnishee's obligation.

5210. Power of court to punish for contempt.

5211. Privilege on examination; immunity.

5221. Where enforcement proceeding commenced.

(a) Court and county in which proceeding commenced.

(b) Notices, subpoenas and motions.

5222. Restraining notice.

(a) Issuance; on whom served; form; service.

(b) Effect of restraint; prohibition of transfer;

duration.

(c) Subsequent notice.

(d) Notice to judgement debtor or obligor.

(e) Content of notice.

(f) Enacted without subdivision heading.

(g) Restraining notice in the form of magnetic tape or

other electronic means.

(h) Effect of restraint on judgment debtor's banking

institution account into which statutorily exempt

payments are made electronically or by direct

deposit.

(i) Effect of restraint on judgment debtor's banking

institution account.

(j) Fee for banking institution's costs in processing a

restraining notice for an account.

5222-a. Service of notices and forms and procedure for claim of

exemption.

(a) Applicability.

(b) Service of exemption notice and exemption claim

form.

(c) Claim of exemption.

(d) Objection to exemption claim and request for

hearing.

(e) Duties of banking institution if objection is made

to exemption claim.

(f) Release of funds.

(g) Proceedings; bad faith claims.

(h) Rights of judgment debtor.

5223. Disclosure.

5224. Subpoena; procedure.

(a) Kinds and service of subpoena.

(a-1) Scope of subpoena duces tecum.

(b) Fees.

(c) Time and place of examination.

(d) Conduct of examination.

(e) Signing deposition; physical preparation.

(f) Subsequent examination.

5225. Payment or delivery of property of judgment debtor.

(a) Property in the possession of judgment debtor.

(b) Property not in the possession of judgment debtor.

(c) Documents to effect payment or delivery.

5226. Installment payment order.

5227. Payment of debts owed to judgment debtor.

5228. Receivers.

(a) Appointment of receiver.

(b) Extension of receivership.

5229. Enforcement before judgment entered.

5230. Executions.

(a) Form.

(b) Issuance.

(c) Return.

(d) Records of sheriff or support collection unit.

(e) Enacted without subdivision heading.

5231. Income execution.

(a) Form.

(b) Issuance.

(c) Definition of earnings and disposable earnings.

(d) Service upon debtor.

(e) Levy upon default or failure to serve debtor.

(f) Withholding of installments.

(g) Statement on income execution.

(h) Levy upon money payable by municipal corporation or

the state.

(i) Modification.

(j) Priority; delivery to another sheriff.

(k) Accounting by sheriff.

5232. Levy upon personal property.

(a) Levy by service of execution.

(b) Levy by seizure.

(c) Notice to judgment debtor or obligor.

(d) Enacted without subdivision heading.

(e) Enacted without subdivision heading.

(f) Fee for banking institution's costs in processing a

levy by service of execution when account contains

only exempt, direct deposit or electronic

payments.

(g) Enacted without subdivision heading.

5233. Sale of personal property.

(a) Public auction.

(b) Public notice.

(c) Order for immediate sale or disposition.

(d) Unsaleable material.

5234. Distribution of proceeds of personal property; priorities.

(a) Distribution of proceeds of personal property.

(b) Priority among execution creditors.

(c) Priority of other judgment creditors.

5235. Levy upon real property.

5236. Sale of real property.

(a) Time of sale; public auction.

(b) Sale of mortgaged property.

(c) Notice of sale.

(d) Notice of postponement of sale.

(e) Effect of notice as against judgment creditors.

(f) Conveyance; proof of notice.

(g) Disposition of proceeds of sale.

5237. Failure of title to property sold.

5238. Directions to the sheriff.

5239. Proceeding to determine adverse claims.

5240. Modification or protective order; supervision of

enforcement.

5241. Income execution for support enforcement.

(a) Definitions.

(b) Issuance.

(c) Execution for support enforcement; form.

(d) Notice to debtor.

(e) Determination of mistake of fact.

(f) Levy.

(g) Deduction from income.

(h) Priority.

(i) Levy upon money payable by the state.

5242. Income deduction order for support enforcement.

5250. Arrest of judgment debtor.

5251. Disobedience of subpoena, restraining notice or order;

false swearing; destroying notice of sale.

5252. Discrimination against employees and prospective employees

based upon wage assignment or income execution.

5253. Cost of living adjustment for personal and real property

exempt from application to the satisfaction of money

judgments and exemptions in bankruptcy.