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Assembly Bill A11109

2009-2010 Legislative Session

Establishes requirements for jurisdiction over a party which holds the property of a judgment debtor in an action brought by the judgment creditor

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Archive: Last Bill Status - In Assembly Committee

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2009-A11109 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5225, CPLR

2009-A11109 (ACTIVE) - Summary

Establishes requirements for jurisdiction over a party which holds the property of a judgment debtor in an action brought by the judgment creditor to acquire such property.

2009-A11109 (ACTIVE) - Sponsor Memo

2009-A11109 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11109

                          I N  A S S E M B L Y

                              May 17, 2010
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to payment
  of money and delivery of property of a judgment debtor when held by  a
  third party

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of section 5225 of the civil  practice  law
and  rules, as amended by chapter 388 of the laws of 1964, is amended to
read as follows:
  (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 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 judg-
ment, to the judgment creditor and, if the  amount  to  be  so  paid  is
insufficient  to  satisfy  the  judgment,  to deliver any other personal
property, or so much of it as is of  sufficient  value  to  satisfy  the
judgment,  to a designated sheriff. Costs of the proceeding shall not be
awarded against a person who  did  not  dispute  the  judgment  debtor's
interest  or right to possession. Notice of the proceeding shall also be
served upon the judgment debtor in the same manner as a  summons  or  by
registered  or  certified  mail, return receipt requested. The court may
permit the judgment debtor to intervene in the proceeding. The court may
permit any adverse claimant to  intervene  in  the  proceeding  and  may
determine  his  rights  in accordance with section 5239 OF THIS ARTICLE.
SUCH PROCEEDING MAY REACH PROPERTY LOCATED WITHOUT THE STATE ONLY IF, IN
ADDITION TO A SHOWING THAT THE PERSON OR  TRANSFEREE  AGAINST  WHOM  THE
PROCEEDING  IS  COMMENCED  HAS  POSSESSION  OR  CUSTODY  OF THE JUDGMENT
DEBTOR'S PROPERTY, (I) THE JUDGMENT DEBTOR IS SUBJECT TO PERSONAL JURIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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