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N.Y. CPLR § 5225

N.Y. CPLR § 5225 - Payment or Delivery of Property of Judgment Debtor

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5225, 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 § 5225 Payment or delivery of property of judgment debtor § 5225. Payment or delivery of property of judgment debtor. (a)Property in the possession of judgment debtor. Upon motion of thejudgment creditor, upon notice to the judgment debtor, where it is shownthat the judgment debtor is in possession or custody of money or otherpersonal property in which he has an interest, the court shall orderthat the judgment debtor pay the money, or so much of it as issufficient to satisfy the judgment, to the judgment creditor and, if theamount to be so paid is insufficient to satisfy the judgment, to deliverany other personal property, or so much of it as is of sufficient valueto satisfy the judgment, to a designated sheriff. Notice of the motionshall be served on the judgment debtor in the same manner as a summonsor by registered or certified mail, return receipt requested.(b) Property not in the possession of judgment debtor. Upon a specialproceeding commenced by the judgment creditor, against a person inpossession or custody of money or other personal property in which thejudgment debtor has an interest, or against a person who is a transfereeof money or other personal property from the judgment debtor, where itis shown that the judgment debtor is entitled to the possession of suchproperty or that the judgment creditor's rights to the property aresuperior to those of the transferee, the court shall require such personto pay the money, or so much of it as is sufficient to satisfy thejudgment, to the judgment creditor and, if the amount to be so paid isinsufficient to satisfy the judgment, to deliver any other personalproperty, or so much of it as is of sufficient value to satisfy thejudgment, to a designated sheriff. Costs of the proceeding shall not beawarded against a ent, to deliver any other personalproperty, or so much of it as is of sufficient value to satisfy thejudgment, to a designated sheriff. Costs of the proceeding shall not beawarded against a person who did not dispute the judgment debtor'sinterest or right to possession. Notice of the proceeding shall also beserved upon the judgment debtor in the same manner as a summons or byregistered or certified mail, return receipt requested. The court maypermit the judgment debtor to intervene in the proceeding. The court maypermit any adverse claimant to intervene in the proceeding and maydetermine his rights in accordance with section 5239.(c) Documents to effect payment or delivery. The court may order anyperson to execute and deliver any document necessary to effect paymentor delivery.