(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.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 52 - Enforcement of Money Judgments
5201 - Debt or Property Subject to Enforcement; Proper Garnishee.
5202 - Judgment Creditor's Rights in Personal Property.
5203 - Priorities and Liens Upon Real Property.
5204 - Release of Lien or Levy Upon Appeal.
5205 - Personal Property Exempt From Application to the Satisfaction of Money Judgments.
5206 - Real Property Exempt From Application to the Satisfaction of Money Judgments.
5207 - Enforcement Involving the State.
5208 - Enforcement After Death of Judgment Debtor; Leave of Court; Extension of Lien.
5209 - Discharge of Garnishee's Obligation.
5210 - Power of Court to Punish for Contempt.
5211 - Privilege on Examination; Immunity.
5221 - Where Enforcement Proceeding Commenced.
5222-A - Service of Notices and Forms and Procedure for Claim of Exemption.
5225 - Payment or Delivery of Property of Judgment Debtor.
5226 - Installment Payment Order.
5227 - Payment of Debts Owed to Judgment Debtor.
5229 - Enforcement Before Judgment Entered.
5232 - Levy Upon Personal Property.
5233 - Sale of Personal Property.
5234 - Distribution of Proceeds of Personal Property; Priorities.
5235 - Levy Upon Real Property.
5237 - Failure of Title to Property Sold.
5238 - Directions to the Sheriff.
5239 - Proceeding to Determine Adverse Claims.
5240 - Modification or Protective Order; Supervision of Enforcement.
5241 - Income Execution for Support Enforcement.
5242 - Income Deduction Order for Support Enforcement.