Assembly Bill A9356

2013-2014 Legislative Session

Relates to payment or delivery of property of judgment debtor

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9356 (ACTIVE) - Details

See Senate Version of this Bill:
S7141
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5225, CPLR

2013-A9356 (ACTIVE) - Summary

Relates to payment or delivery of property of judgment debtor.

2013-A9356 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivisions (a) and (b) of section 5225 of the civil prac-
tice  law  and  rules,  subdivision (b) as amended by chapter 388 of the
laws of 1964 and such section as renumbered by chapter 315 of  the  laws
of 1962, are amended to read as follows:
  (a)  Property in the possession of judgment debtor. Upon motion of the
judgment creditor, upon notice to the judgment debtor, where it is shown
that the judgment debtor is in possession [or], custody  OR  CONTROL  of
money or other personal property in which he OR SHE has an interest, the
court  shall order that the judgment debtor pay the money, or so much of
it as is sufficient to satisfy the judgment, to  the  judgment  creditor
and,  if  the  amount to be so paid is insufficient to satisfy the judg-
ment, to deliver any other personal property, or so much of it as is  of
sufficient  value  to  satisfy  the  judgment,  to a designated sheriff.
Notice of the motion shall be served on the judgment debtor in the  same
manner  as  a summons or by registered or certified mail, return receipt
requested.
  (b) Property not in the possession of judgment debtor. Upon a  special
proceeding  commenced  by  the  judgment  creditor,  against a person in
possession [or], custody OR CONTROL of money or other personal  property
in which the judgment debtor has an interest, or against a person who is
a  transferee  of  money  or  other  personal property from the judgment
debtor, where it is shown that the judgment debtor is  entitled  to  the
possession  of  such  property or that the judgment creditor's rights to
the property are superior to those of the transferee,  the  court  shall
require  such person to pay the money, or so much of it as is sufficient
to satisfy the judgment, to the judgment creditor and, if the amount  to
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.

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