N.Y. CPLR § 5222

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5222 Restraining notice § 5222. Restraining notice. (a) Issuance; on whom served; form;service. A restraining notice may be issued by the clerk of the court orthe attorney for the judgment creditor as officer of the court, or bythe support collection unit designated by the appropriate socialservices district. It may be served upon any person, except the employerof a judgment debtor or obligor where the property sought to berestrained consists of wages or salary due or to become due to thejudgment debtor or obligor. It shall be served personally in the samemanner as a summons or by registered or certified mail, return receiptrequested or if issued by the support collection unit, by regular mail,or by electronic means as set forth in subdivision (g) of this section.It shall specify all of the parties to the action, the date that thejudgment or order was entered, the court in which it was entered, theamount of the judgment or order and the amount then due thereon, thenames of all parties in whose favor and against whom the judgment ororder was entered, it shall set forth subdivision (b) and shall statethat disobedience is punishable as a contempt of court, and it shallcontain an original signature or copy of the original signature of theclerk of the court or attorney or the name of the support collectionunit which issued it. If the applicable interest rate changes pursuantto section five thousand four of this chapter while a restraint is ineffect, the judgment creditor shall issue an amended restraining notice,and include the date as of which the new interest rate applies, withoutleave of court as required under subdivision (c) of this section.Service of a restraining notice upon a department or agency of the stateor upon an institution under its dire applies, withoutleave of court as required under subdivision (c) of this section.Service of a restraining notice upon a department or agency of the stateor upon an institution under its direction shall be made by serving acopy upon the head of the department, or the person designated by him orher and upon the state department of audit and control at its office inAlbany; a restraining notice served upon a state board, commission, bodyor agency which is not within any department of the state shall be madeby serving the restraining notice upon the state department of audit andcontrol at its office in Albany. Service at the office of a departmentof the state in Albany may be made by the sheriff of any county byregistered or certified mail, return receipt requested, or if issued bythe support collection unit, by regular mail.(b) Effect of restraint; prohibition of transfer; duration. A judgmentdebtor or obligor served with a restraining notice is forbidden to makeor suffer any sale, assignment, transfer or interference with anyproperty in which he or she has an interest, except as set forth insubdivisions (h) and (i) of this section, and except upon direction ofthe sheriff or pursuant to an order of the court, until the judgment ororder is satisfied or vacated. A restraining notice served upon a personother than the judgment debtor or obligor is effective only if, at thetime of service, he or she owes a debt to the judgment debtor or obligoror he or she is in the possession or custody of property in which he orshe knows or has reason to believe the judgment debtor or obligor has aninterest, or if the judgment creditor or support collection unit hasstated in the notice that a specified debt is owed by the person servedto the judgment debtor or obligor or that the judgment debtor or obligorhas an interest in specified property in the possession or custody ofthe person served. All prop s owed by the person servedto the judgment debtor or obligor or that the judgment debtor or obligorhas an interest in specified property in the possession or custody ofthe person served. All property in which the judgment debtor or obligoris known or believed to have an interest then in and thereafter cominginto the possession or custody of such a person, including any specifiedin the notice, and all debts of such a person, including any specifiedin the notice, then due and thereafter coming due to the judgment debtoror obligor, shall be subject to the notice except as set forth insubdivisions --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only (h) and (i) of this section. Such a person is forbidden tomake or suffer any sale, assignment or transfer of, or any interferencewith, any such property, or pay over or otherwise dispose of any suchdebt, to any person other than the sheriff or the support collectionunit, except as set forth in subdivisions (h) and (i) of this section,and except upon direction of the sheriff or pursuant to an order of thecourt, until the expiration of one year after the notice is served uponhim or her, or until the judgment or order is satisfied or vacated,whichever event first occurs. A judgment creditor or support collectionunit which has specified personal property or debt in a restrainingnotice shall be liable to the owner of the property or the person towhom the debt is owed, if other than the judgment debtor or obligor, forany damages sustained by reason of the restraint. If a garnishee servedwith a restraining notice withholds the payment of money belonging orowed to the judgment debtor or obligor in an amount equal to twice theamount due on the judgment or order, the restraining notice is noteffective as to other property or money.(c) Subsequent notice. Leave of court is required to serve mo an amount equal to twice theamount due on the judgment or order, the restraining notice is noteffective as to other property or money.(c) Subsequent notice. Leave of court is required to serve more thanone restraining notice upon the same person with respect to the samejudgment or order. A judgment creditor shall not serve more than tworestraining notices per year upon a natural person's banking institutionaccount. If the applicable interest rate changes pursuant to sectionfive thousand four of this chapter while a restraint is in effect, thejudgment creditor shall issue an amended restraining notice withoutleave of court.(d) Notice to judgment debtor or obligor. Except where the provisionsof section fifty-two hundred twenty-two-a of this article areapplicable, pursuant to subdivision (a) of such section, if a notice inthe form prescribed in subdivision (e) of this section has not beengiven to the judgment debtor or obligor within a year before service ofa restraining notice, a copy of the restraining notice together with thenotice to judgment debtor or obligor shall be mailed by first class mailor personally delivered to each judgment debtor or obligor who is anatural person within four days of the service of the restrainingnotice. Such notice shall be mailed to the defendant at his or herresidence address; or in the event such mailing is returned asundeliverable by the post office, or if the residence address of thedefendant is unknown, then to the defendant in care of the place ofemployment of the defendant if known, in an envelope bearing the legend"personal and confidential" and not indicating on the outside thereof,by the return address or otherwise, that the communication is from anattorney or concerns a judgment or order; or if neither the residenceaddress nor the place of employment of the defendant is known then tothe defendant at any other known address.(e) Content attorney or concerns a judgment or order; or if neither the residenceaddress nor the place of employment of the defendant is known then tothe defendant at any other known address.(e) Content of notice. The notice required by subdivision (d) of thissection shall be in substantially the following form and may be includedin the restraining notice: NOTICE TO JUDGMENT DEBTOR OR OBLIGORMoney or property belonging to you may have been taken or held inorder to satisfy a judgment or order which has been entered against you.Read this carefully. YOU MAY BE ABLE TO GET YOUR MONEY BACKState and federal laws prevent certain money or property from beingtaken to satisfy judgments or orders. Such money or property is said tobe "exempt". The following is a partial list of money which may beexempt:1. Supplemental security income, (SSI);2. Social security;3. Public assistance (welfare);4. Spousal support, maintenance (alimony) or child support;5. Unemployment benefits;6. Disability benefits;7. Workers' compensation benefits;8. Public or private pensions;9. Veterans benefits;10. Ninety percent of your wages or salary earned in the last sixtydays;11. Twenty-five hundred dollars of any bank account containingstatutorily exempt payments that were deposited electronically or bydirect deposit within the last forty-five days, including, but notlimited to, your social security, supplemental security income, veteransbenefits, public assistance, workers' compensation, unemploymentinsurance, public or private pensions, railroad retirement benefits,black lung benefits, or child support payments;12. Railroad retirement;13. Black lung benefits; and14. COVID-19 stimulus relief for individuals and families withchildren.If you think that any of your money that has been taken or held isexempt, you must act promptly because the money may be CPLR § 5222 Page 2 --- NEW YORK CIVIL PRACTICE LAW AND RULES u think that any of your money that has been taken or held isexempt, you must act promptly because the money may be CPLR § 5222 Page 2 --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only applied to thejudgment or order. If you claim that any of your money that has beentaken or held is exempt, you may contact the person sending this notice.Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE LEGAL SERVICESORGANIZATION IF YOU QUALIFY. You can also go to court without anattorney to get your money back. Bring this notice with you when you go.You are allowed to try to prove to a judge that your money is exemptfrom collection under New York civil practice law and rules, sectionsfifty-two hundred twenty-two-a, fifty-two hundred thirty-nine andfifty-two hundred forty. If you do not have a lawyer, the clerk of thecourt may give you forms to help you prove your account contains exemptmoney that the creditor cannot collect. The law (New York civil practicelaw and rules, article four and sections fifty-two hundred thirty-nineand fifty-two hundred forty) provides a procedure for determination of aclaim to an exemption.(f) For the purposes of this section "order" shall mean an orderissued by a court of competent jurisdiction directing the payment ofsupport, alimony or maintenance upon which a "default" as defined inparagraph seven of subdivision (a) of section fifty-two hundredforty-one of this article has been established subject to the proceduresestablished for the determination of a "mistake of fact" for incomeexecutions pursuant to subdivision (e) of section fifty-two hundredforty-one of this article except that for the purposes of this sectiononly a default shall not be founded upon retroactive child supportobligations as defined in paragraph (a) of subdivision one of sectionfour hundred forty of the family court act a his sectiononly a default shall not be founded upon retroactive child supportobligations as defined in paragraph (a) of subdivision one of sectionfour hundred forty of the family court act and subdivision one ofsection two hundred forty and paragraph b of subdivision nine of sectiontwo hundred thirty-six of the domestic relations law.(g) Restraining notice in the form of magnetic tape or otherelectronic means. Where such person consents thereto in writing, arestraining notice in the form of magnetic tape or other electronicmeans, as defined in subdivision (f) of rule twenty-one hundred three ofthis chapter, may be served upon a person other than the judgment debtoror obligor. A restraining notice in such form shall contain all of theinformation required to be specified in a restraining notice undersubdivision (a), except for the original signature or copy of theoriginal signature of the clerk or attorney who issued the restrainingnotice. The provisions of this subdivision notwithstanding, the noticerequired by subdivisions (d) and (e) shall be given to the judgmentdebtor or obligor in the written form set forth therein.(h) Effect of restraint on judgment debtor's banking institutionaccount into which statutorily exempt payments are made electronicallyor by direct deposit. Notwithstanding the provisions of subdivision (b)of this section, if direct deposit or electronic payments reasonablyidentifiable as statutorily exempt payments as defined in paragraph twoof subdivision (l) of section fifty-two hundred five of this articlewere made to the judgment debtor's account during the forty-five dayperiod preceding the date that the restraining notice was served on thebanking institution, then the banking institution shall not restrain twothousand five hundred dollars in the judgment debtor's account. If theaccount contains an amount equal to or less than two thousand fiv on, then the banking institution shall not restrain twothousand five hundred dollars in the judgment debtor's account. If theaccount contains an amount equal to or less than two thousand fivehundred dollars, the account shall not be restrained and the restrainingnotice shall be deemed void. Nothing in this subdivision shall beconstrued to limit a banking institution's right or obligation torestrain or remove such funds from the judgment debtor's account ifrequired by 42 U.S.C. § 659 or 38 U.S.C. § 5301 or by a court order.Nothing in this subdivision shall alter the exempt status of funds thatare protected from execution, levy, attachment, garnishment or otherlegal process, under section fifty-two hundred five of this article orunder any other provision of state or federal law, or affect the rightof a judgment debtor to claim such exemption.(i) Effect of restraint on judgment debtor's banking institutionaccount. A restraining notice issued pursuant to this section shall notapply to an amount equal to or less than the greater of two hundredforty times the federal minimum hourly wage prescribed in the Fair LaborStandards Act of 1938 or two hundred forty times the state minimumhourly wage prescribed in section six hundred fifty-two of the labor CPLR § 5222 Page 3 --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only lawas in effect at the time the earnings are payable (as published on thewebsites of the United States department of labor and the statedepartment of labor) except such part thereof as a court determines tobe unnecessary for the reasonable requirements of the judgment debtorand his or her dependents. This amount shall be equal to seventeenhundred sixteen dollars on the effective date of this subdivision, andshall rise to seventeen hundred forty dollars on July twenty-fourth, twothousand nine, and shall rise thereaft al to seventeenhundred sixteen dollars on the effective date of this subdivision, andshall rise to seventeen hundred forty dollars on July twenty-fourth, twothousand nine, and shall rise thereafter in tandem with the minimumwage. Nothing in this subdivision shall be construed to limit a bankinginstitution's right or obligation to restrain or remove such funds fromthe judgment debtor's account if required by 42 U.S.C. § 659 or 38U.S.C. § 5301 or by a court order. Where a judgment debtor's accountcontains an amount equal to or less than ninety percent of the greaterof two hundred forty times the federal minimum hourly wage prescribed inthe Fair Labor Standards Act of 1938 or two hundred forty times thestate minimum hourly wage prescribed in section six hundred fifty-two ofthe labor law as in effect at the time the earnings are payable (aspublished on the websites of the United States department of labor andthe state department of labor), the account shall not be restrained andthe restraining notice shall be deemed void, except as to those fundsthat a court determines to be unnecessary for the reasonablerequirements of the judgment debtor and his or her dependents. Nothingin this subdivision shall alter the exempt status of funds which areexempt from execution, levy, attachment or garnishment, under sectionfifty-two hundred five of this article or under any other provision ofstate or federal law, or the right of a judgment debtor to claim suchexemption.(j) Fee for banking institution's costs in processing a restrainingnotice for an account. In the event that a banking institution servedwith a restraining notice cannot lawfully restrain a judgment debtor'sbanking institution account, or a restraint is placed on the judgmentdebtor's account in violation of any section of this chapter, thebanking institution shall charge no fee to the judgment debtorregardless of any terms of agreement, o s placed on the judgmentdebtor's account in violation of any section of this chapter, thebanking institution shall charge no fee to the judgment debtorregardless of any terms of agreement, or schedule of fees, or othercontract between the judgment debtor and the banking institution.(k) The provisions of subdivisions (h), (i) and (j) of this section donot apply when the state of New York, or any of its agencies ormunicipal corporations is the judgment creditor, or if the debt enforcedis for child support, spousal support, maintenance or alimony, providedthat the restraining notice contains a legend at the top thereof, abovethe caption, in sixteen point bold type with the following language:"The judgment creditor is the state of New York, or any of its agenciesor municipal corporations, AND/OR the debt enforced is for childsupport, spousal support, maintenance or alimony.". 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