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Restraining Notice To Judgment Debtor - New York
| Restraining Notice To Judgment Debtor Form. This is a New York form and can be used in General . |
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COURT COUNTY OF : : : Plaintiff(s) Index No. : : : : : RESTRAINING NOTICE TO JUDGMENT DEBTOR -against- Defendant(s) : THE PEOPLE OF THE STATE OF NEW YORK To: GREETING: , Judgment Debtor: WHEREAS, in an action in the Court of , County of , between as plaintiff(s) and as defendant(s), November 27, 2000 who are all the parties to the said action, a judgment was entered therein on in favor of , the Judgment Creditor(s), and against , the Judgment Debtor(s), for the sum of $ ; and for the sum of $ WHEREAS, $ of the said sum is now due and owing with interest from ; TAKE NOTICE that pursuant to CPLR §5222(b), set forth fully below, you are hereby forbidden to make or suffer suffer any sale, assignment, transfer or interference with any property in which you have an interest, except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. CIVIL PRACTICE LAW AND RULES §5222(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 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 Restraining Notice to Judgment Debtor Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com 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 speci fied 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. Such a person is forbidden to make or suffer any sale, assignment or t ransfer 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 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. TAKE FURTHER NOTICE, that disobedience of this Restraining Notice is punishable as a contempt of court. Dated: Attorney(s) for Judgment Creditor (sign name above, type name below) Office and P.O. Address: Restraining Notice to Judgment Debtor Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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