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N.Y. CPLR § 5208

N.Y. CPLR § 5208 - Enforcement after Death of Judgment Debtor Leave of Court Extension of Lien

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5208, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5208 Enforcement after death of judgment debtor; leave of court;extension of lien § 5208. Enforcement after death of judgment debtor; leave of court;extension of lien. Except where otherwise prescribed by law, after thedeath of a judgment debtor, an execution upon a money judgment shall notbe levied upon any debt owed to him or any property in which he has aninterest, nor shall any other enforcement procedure be undertaken withrespect to such debt or property, except upon leave of the surrogate'scourt which granted letters testamentary or letters of administrationupon the estate. If such letters have not been granted within eighteenmonths after the death, leave to issue such an execution or undertakesuch enforcement procedure may thereafter be granted, upon motion of thejudgment creditor upon such notice as the court may require, by anycourt from which the execution could issue or in which the enforcementprocedure could be commenced. A judgment lien existing against realproperty at the time of a judgment debtor's death shall expire two yearsthereafter or ten years after filing of the judgment-roll, whichever islater.