Bill Text: NY A09356 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to payment or delivery of property of judgment debtor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-05-07 - REFERRED TO JUDICIARY [A09356 Detail]
Download: New_York-2013-A09356-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9356
I N A S S E M B L Y
April 21, 2014
___________
Introduced by M. of A. SIMOTAS, WEINSTEIN -- (at request of the Office
of Court Administration) -- read once and referred to the Committee on
Judiciary
AN ACT to amend the civil practice law and rules, in relation to payment
or delivery of property of judgment debtor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions (a) and (b) of section 5225 of the civil prac-
2 tice law and rules, subdivision (b) as amended by chapter 388 of the
3 laws of 1964 and such section as renumbered by chapter 315 of the laws
4 of 1962, are amended to read as follows:
5 (a) Property in the possession of judgment debtor. Upon motion of the
6 judgment creditor, upon notice to the judgment debtor, where it is shown
7 that the judgment debtor is in possession [or], custody OR CONTROL of
8 money or other personal property in which he OR SHE has an interest, the
9 court shall order that the judgment debtor pay the money, or so much of
10 it as is sufficient to satisfy the judgment, to the judgment creditor
11 and, if the amount to be so paid is insufficient to satisfy the judg-
12 ment, to deliver any other personal property, or so much of it as is of
13 sufficient value to satisfy the judgment, to a designated sheriff.
14 Notice of the motion shall be served on the judgment debtor in the same
15 manner as a summons or by registered or certified mail, return receipt
16 requested.
17 (b) Property not in the possession of judgment debtor. Upon a special
18 proceeding commenced by the judgment creditor, against a person in
19 possession [or], custody OR CONTROL of money or other personal property
20 in which the judgment debtor has an interest, or against a person who is
21 a transferee of money or other personal property from the judgment
22 debtor, where it is shown that the judgment debtor is entitled to the
23 possession of such property or that the judgment creditor's rights to
24 the property are superior to those of the transferee, the court shall
25 require such person to pay the money, or so much of it as is sufficient
26 to satisfy the judgment, to the judgment creditor and, if the amount to
27 be so paid is insufficient to satisfy the judgment, to deliver any other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13637-01-4
A. 9356 2
1 personal property, or so much of it as is of sufficient value to satisfy
2 the judgment, to a designated sheriff. Costs of the proceeding shall not
3 be awarded against a person who did not dispute the judgment debtor's
4 interest or right to possession. Notice of the proceeding shall also be
5 served upon the judgment debtor in the same manner as a summons or by
6 registered or certified mail, return receipt requested. The court may
7 permit the judgment debtor to intervene in the proceeding. The court may
8 permit any adverse claimant to intervene in the proceeding and may
9 determine his OR HER rights in accordance with section 5239 OF THIS
10 ARTICLE.
11 S 2. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
