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Assembly Bill A7048

2015-2016 Legislative Session

Relates to making service upon a financial institution of orders of attachment and notices and orders in aid of enforcement of judgments

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Archive: Last Bill Status - In Assembly Committee

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2015-A7048 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยงยง5222, 5225, 5227, 5232 & 6214, CPLR

2015-A7048 (ACTIVE) - Summary

Relates to making service upon a financial institution of orders of attachment and notices and orders in aid of enforcement of judgments effective upon any account to which the financial institution is a garnishee.

2015-A7048 (ACTIVE) - Bill Text download pdf

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

                                  7048

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced  by  M.  of A. ABINANTI -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to  making
  service  upon  a  financial  institution  of  orders of attachment and
  notices and orders in aid of enforcement of judgments  effective  upon
  any account as to which the institution is a garnishee

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

  Section 1. Subdivision (a) of section 5222 of the civil  practice  law
and  rules, as amended by chapter 409 of the laws of 2000, is amended to
read as follows:
  (a) Issuance; on whom served; form; service. A restraining notice  may
be  issued  by  the  clerk of the court or the attorney for the judgment
creditor as officer of the court, or  by  the  support  collection  unit
designated by the appropriate social services district. It may be served
upon  any  person,  except  the employer of a judgment debtor or obligor
where the property sought to be restrained consists of wages  or  salary
due  or  to  become  due  to the judgment debtor or obligor. It shall be
served personally in the same manner as a summons or  by  registered  or
certified  mail,  return  receipt  requested or if issued by the support
collection unit, by regular mail, or by electronic means as set forth in
subdivision (g) of this section. It shall specify all of the parties  to
the  action,  the date that the judgment or order was entered, the court
in which it was entered, the amount of the judgment  or  order  and  the
amount  then  due  thereon,  the names of all parties in whose favor and
against whom the judgment or order  was  entered,  it  shall  set  forth
subdivision  (b)  and  shall  state that disobedience is punishable as a
contempt of court, and it shall contain an original signature or copy of
the original signature of the clerk of the court or attorney or the name
of the support collection unit which issued it. Service of a restraining
notice upon a department or agency of the state or upon  an  institution

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09774-01-5
              

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