Notice Pursuant to C.P.L.R. 5222(d)

[abruck]

I am in New York.

I received a "Notice Pursuant to C.P.L.R. 5222(d)".

What exactly is this? Do I need to do anything? Is the debtor planning to do anything? Or...?

Thanx!

 

[PayrollHRGuy]

(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money.
(c) Subsequent notice. Leave of court is required to serve more than one restraining notice upon the same person with respect to the same judgment or order. A judgment creditor shall not serve more than two restraining notices per year upon a natural person's banking institution account.
(d) Notice to judgment debtor or obligor. Except where the provisions of section fifty-two hundred twenty-two-a of this article are applicable, pursuant to subdivision (a) of such section, if a notice in the form prescribed in subdivision (e) of this section has not been given to the judgment debtor or obligor within a year before service of a restraining notice, a copy of the restraining notice together with the notice to judgment debtor or obligor shall be mailed by first class mail or personally delivered to each judgment debtor or obligor who is a natural person within four days of the service of the restraining notice. Such notice shall be mailed to the defendant at his or her residence address; or in the event such mailing is returned as undeliverable by the post office, or if the residence address of the defendant is unknown, then to the defendant in care of the place of employment of the defendant if known, in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by the return address or otherwise, that the communication is from an attorney or concerns a judgment or order; or if neither the residence address nor the place of employment of the defendant is known then to the defendant at any other known address.
(e) Content of notice. The notice required by subdivision (d) of this section shall be in substantially the following form and may be included in the restraining notice:...

Omitted because of length. https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5222.html for the full text.

 

[quincy]

I am in New York.

I received a "Notice Pursuant to C.P.L.R. 5222(d)".

What exactly is this? Do I need to do anything? Is the debtor planning to do anything? Or...?

Thanx!

You need to not dispose of any of your property. It appears that your judgment creditor is about to attach assets to satisfy the debt.

 

[Zigner]

Do you owe money? If so, then YOU are the debtor. From my (very brief) research, it looks like this form is used to restrain the debtor from getting rid of any assets.

 

[quincy]

PayrollHRGuy quoted the text and provided a link.

You can file a "Notice of Exemption" to protect any money or property exempt from collection.

 

[Zigner]

PayrollHRGuy quoted the text and provided a link.

I started typing before there were any replies, but got called away from my computer.

 

[quincy]

I started typing before there were any replies, but got called away from my computer.

Haha. I thought there was a bit of a delay there. I have done the same.

PRG responded rapidly.

 

[adjusterjack]

I get that a lot. I start typing and somebody jumps in ahead of me with the same information. Great minds think alike.

 

[quincy]

I get that a lot. I start typing and somebody jumps in ahead of me with the same information. Great minds think alike.

At least we generally are all responding with the same or complimentary information. That is a good sign. Haha.