§ 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

  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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 duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • 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.
  • 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.