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This entry was published on 2014-09-22
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SECTION 5208
Enforcement after death of judgment debtor; leave of court; extension of lien
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5208. Enforcement after death of judgment debtor; leave of court;
extension of lien. Except where otherwise prescribed by law, after the
death of a judgment debtor, an execution upon a money judgment shall not
be levied upon any debt owed to him or any property in which he has an
interest, nor shall any other enforcement procedure be undertaken with
respect to such debt or property, except upon leave of the surrogate's
court which granted letters testamentary or letters of administration
upon the estate. If such letters have not been granted within eighteen
months after the death, leave to issue such an execution or undertake
such enforcement procedure may thereafter be granted, upon motion of the
judgment creditor upon such notice as the court may require, by any
court from which the execution could issue or in which the enforcement
procedure could be commenced. A judgment lien existing against real
property at the time of a judgment debtor's death shall expire two years
thereafter or ten years after filing of the judgment-roll, whichever is
later.