New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5208. Enforcement after death of judgment debtor;  leave of court;  extension of lien

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Except where otherwise prescribed by law, after the death of a judgment debtor, an execution upon a money judgment shall not be levied upon any debt owed to him or any property in which he has an interest, nor shall any other enforcement procedure be undertaken with respect to such debt or property, except upon leave of the surrogate's court which granted letters testamentary or letters of administration upon the estate.  If such letters have not been granted within eighteen months after the death, leave to issue such an execution or undertake such enforcement procedure may thereafter be granted, upon motion of the judgment creditor upon such notice as the court may require, by any court from which the execution could issue or in which the enforcement procedure could be commenced.  A judgment lien existing against real property at the time of a judgment debtor's death shall expire two years thereafter or ten years after filing of the judgment-roll, whichever is later.

Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5208. Enforcement after death of judgment debtor;  leave of court;  extension of lien - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5208/


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