senate Bill S7141

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.523
Apr 30, 2014 referred to judiciary

S7141 - Details

See Assembly Version of this Bill:
A9356
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5225, CPLR

S7141 - Summary

Relates to payment or delivery of property of judgment debtor.

S7141 - Sponsor Memo

S7141 - Bill Text download pdf

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

                                  7141

                            I N  S E N A T E

                             April 30, 2014
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed 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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