ยง 1311-b. Money judgment. If a claiming authority obtains a forfeiture
judgment against a defendant for the proceeds, substituted proceeds,
instrumentality of a crime or real property instrumentality of a crime,
but is unable to locate all or part of any such property, the claiming
authority may apply to the court for a money judgment against the
defendant in the amount of the value of the forfeited property that
cannot be located. The defendant shall have the right to challenge the
valuation of any property that is the basis for such an application. The
claiming authority shall have the burden of establishing the value of
the property under this section by a preponderance of the evidence.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 13-A - Proceeds of a Crime-Forfeiture
1311-A - Subpoena Duces Tecum.
1312 - Provisional Remedies; Generally.
1313 - Debt or Property Subject to Attachment; Proper Garnishee.
1314 - Attaching Creditor's Rights in Personal Property.
1315 - Discharge of Garnishee's Obligation.
1316 - Order of Attachment on Notice; Temporary Restraining Order; Contents.
1317 - Order of Attachment Without Notice.
1318 - Motion Papers; Filing; Demand; Damages.
1320 - Levy Upon Personal Property by Service of Order.
1321 - Levy Upon Personal Property by Seizure.
1322 - Levy Upon Real Property.
1323 - Additional Undertaking to Carrier Garnishee.
1324 - Claiming Agent's Duties After Levy.
1327 - Proceedings to Determine Adverse Claims.
1328 - Discharge of Attachment.
1329 - Vacating or Modifying Attachment.
1330 - Annulment of Attachment.
1331 - Return of Property; Directions to Clerk and Claiming Agent.
1332 - Disposition of Attachment Property After Execution Issued; Priority of Orders of Attachment.
1333 - Grounds for Preliminary Injunction and Temporary Restraining Order.
1335 - Temporary Restraining Order.
1336 - Vacating or Modifying Preliminary Injunction or Temporary Restraining Order.
1338 - Appointment and Powers of Temporary Receiver.
1343 - Notice of Pendency; Constructive Notice.
1344 - Filing, Content and Indexing of Notice of Pendency.
1346 - Duration of Notice of Pendency.
1347 - Motion for Cancellation of Notice of Pendency.
1348 - Undertaking for Cancellation of Notice of Pendency.
1350 - Rules of Procedure; in General.