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This entry was published on 2014-09-22
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SECTION 5225
Payment or delivery of property of judgment debtor
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5225. Payment or delivery of property of judgment debtor. (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 of money or other
personal property in which he 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 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. 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 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 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.

(c) Documents to effect payment or delivery. The court may order any
person to execute and deliver any document necessary to effect payment
or delivery.