By 
Article 52 of New York’s Civil Practice Law and Rules (CPLR) is the part of state law that governs how money judgments are enforced. It gives judgment creditors a set of tools for finding assets, freezing them, and turning them into payment. The attorneys at Warner & Scheuerman use these provisions daily, and knowing what each one does helps creditors understand what is possible. Here are nine of the most useful, followed by New York firms that handle enforcement.
What is an information subpoena?
An information subpoena under CPLR 5224(a)(3) is a set of written questions served on the debtor or a third party, such as a bank or employer, that must be answered under oath. Recipients generally have seven days to respond. It is often the fastest way to learn where a debtor banks and works.
Can you question the debtor in person?
Yes. CPLR 5224 also authorizes subpoenas requiring the debtor or a witness to appear for a deposition or produce documents such as tax returns, bank statements, and corporate records. Under CPLR 5251, refusing to comply can be punished as contempt.
How does a restraining notice work?
A restraining notice under CPLR 5222 forbids the recipient from transferring the debtor’s property. Served on a bank, it can freeze up to twice the judgment amount. It generally lasts one year, and for individual debtors it must include the exemption notice and forms required by the Exempt Income Protection Act.
How is property actually seized?
Through a property execution under CPLR 5230, delivered to a county sheriff or, in New York City, a city marshal. The officer levies on bank funds or personal property and pays the proceeds to the creditor. An execution is generally returnable within 60 days, with extensions available.
Can a creditor garnish wages?
Yes, through an income execution under CPLR 5231. It is first served on the debtor, and if the debtor does not begin paying within 20 days, it goes to the employer. Deductions are generally capped at 10 percent of gross income, with additional protections for lower earners.
What is a turnover order?
A turnover order requires the debtor, or a third party holding the debtor’s property, to deliver money or property to the creditor. CPLR 5225 covers property and CPLR 5227 covers debts owed to the debtor, such as unpaid invoices or loan proceeds.
What if the debtor has income but won’t pay?
Under CPLR 5226, a court can order the debtor to make installment payments based on their actual income and needs. This tool is useful when earnings do not show up on a regular payroll.
When should a receiver be appointed?
CPLR 5228 lets a court appoint a receiver to take control of assets that are hard to seize directly, such as rental income, business interests, or property that must be managed or sold. Courts weigh whether a receiver is the most practical way to reach the asset.
How does real estate get reached?
A judgment docketed with a county clerk becomes a lien on the debtor’s real property there under CPLR 5203, lasting 10 years and renewable. Under CPLR 5236, the creditor can have the sheriff sell the property, subject to notice requirements and any applicable homestead exemption.
Which New York law firms use Article 52 enforcement tools?
These New York law firms handle judgment enforcement, appeals, or litigation:
- Warner & Scheuerman
- Peter M. Agulnick, P.C.
- The Appellate Law Office of Stephen N. Preziosi, PC
- The Linden Law Group, P.C.
- Kirkland & Ellis LLP
1. Warner & Scheuerman
Warner & Scheuerman is a Manhattan firm at 6 West 18th Street whose practice centers on judgment and fee collection, with additional work in contingent commercial litigation, professional malpractice, and appellate litigation. Jonathon D. Warner, Esq. received his J.D. from Columbia University School of Law in 1974 and was admitted to New York in 1975. Karl E. Scheuerman, Esq. received his J.D. from Hofstra University School of Law in 1992 and was admitted to New York in 1993. The firm uses the full range of Article 52 remedies, from information subpoenas and restraining notices to turnover proceedings, and coordinates levies with city marshals and county sheriffs. It represents law firms, businesses, and individuals.
2. Peter M. Agulnick, P.C.
Peter M. Agulnick, P.C. is a law office on Broadway in Lower Manhattan whose practice includes judgment enforcement and litigation.
3. The Appellate Law Office of Stephen N. Preziosi, PC
The Appellate Law Office of Stephen N. Preziosi, PC is a law office on Wall Street that handles appeals.
4. The Linden Law Group, P.C.
The Linden Law Group, P.C. is a Manhattan law firm at Penn Plaza that handles litigation matters.
5. Kirkland & Ellis LLP
Kirkland & Ellis LLP is a law firm with an office on Lexington Avenue in Manhattan.
Use the tools in the right order
Article 52 gives New York creditors more options than most people realize, but each tool works best as part of a sequence: discovery to find the assets, restraints to hold them, and executions or turnover orders to collect. Skipping steps or letting deadlines lapse can leave money on the table. If you hold an unpaid judgment, map out which tools fit your debtor’s situation and speak with an attorney who handles post-judgment enforcement.
Attorney Advertising. Prior results do not guarantee a similar outcome.
Comments