§ 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 Restraining notice
§ 5222-A Service of notices and forms and procedure for claim of exemption
§ 5223 Disclosure
§ R5224 Subpoena; procedure
§ 5225 Payment or delivery of property of judgment debtor
§ 5226 Installment payment order
§ 5227 Payment of debts owed to judgment debtor
§ 5228 Receivers
§ 5229 Enforcement before judgment entered
§ 5230 Executions
§ 5231 Income execution
§ 5232 Levy upon personal property
§ 5233 Sale of personal property
§ 5234 Distribution of proceeds of personal property; priorities
§ 5235 Levy upon real property
§ 5236 Sale of 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
§ 5250 Arrest of judgment debtor
§ 5251 Disobedience of subpoena, restraining notice or order; false swearing; destroying notice of sale
§ 5252 Discrimination against employees and prospective employees based upon wage assignment or income execution
§ 5253 Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in bankruptcy

Terms Used In New York Laws > Civil Practice Law and Rules > Article 52 - Enforcement of Money Judgments

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • banking institution: when used in this article shall mean and include all banks, trust companies, savings banks, savings and loan associations, credit unions, foreign banking corporations incorporated, chartered, organized or licensed under the laws of this state, foreign banking corporations maintaining a branch in this state, and nationally chartered banks. See N.Y. Civil Practice Law and Rules 5205
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Best management practices: means methods, measures or practices determined to be the most practical and effective in preventing or reducing the impact of pollutants generated by nonpoint sources to a level compatible with water quality standards established pursuant to section 17-0301 of this article. See N.Y. Environmental Conservation Law 17-1403
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means a county soil and water conservation district created pursuant to section five of the soil and water conservation districts law. See N.Y. Environmental Conservation Law 17-1403
  • Docket: A log containing brief entries of court proceedings.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:
    N.Y. Environmental Conservation Law 17-1003
  • Fiduciary: A trustee, executor, or administrator.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • leak: means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use. See N.Y. Environmental Conservation Law 17-1003
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal corporation: means a county, city, town or village or an entity designated to act on behalf of such. See N.Y. Environmental Conservation Law 17-1403
  • Nonpoint source: means any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to title seven or eight of this article. See N.Y. Environmental Conservation Law 17-1403
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operator: means any person who leases, operates, controls or supervises a facility. See N.Y. Environmental Conservation Law 17-1003
  • Owner: means any person who has legal or equitable title to a facility. See N.Y. Environmental Conservation Law 17-1003
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Petroleum: means :
    N.Y. Environmental Conservation Law 17-1003
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • statutorily exempt payments: means any personal property exempt from application to the satisfaction of a money judgment under any provision of state or federal law. See N.Y. Civil Practice Law and Rules 5205
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • tank: includes all associated pipes, lines, fixtures and other ancillary equipment. See N.Y. Environmental Conservation Law 17-1003
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Verdict: The decision of a petit jury or a judge.