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Restraining Notice To Garnishee - New York
| Restraining Notice To Garnishee Form. This is a New York form and can be used in General . |
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COURT COUNTY OF ...................................................... : : : Plaintiff(s) : : : : : Defendant(s) : ...................................................... Index No. RESTRAINING NOTICE TO GARNISHEE -against THE PEOPLE OF THE STATE OF NEW YORK To: GREETING: WHEREAS, in an action in the between who are all the parties to the said action, a judgment was entered therein on and against whose last known address is for the sum of $ WHEREAS, $ , 20 Court of , County of as plaintiff(s) and as defendant(s), in favor of , the Judgment Creditor(s), , the Judgment Debtor(s), Garnishee, and of the said sum is now due and owing with interest from , and WHEREAS, it appears that you owe a debt to the judgment debtor or are in possession or custody of property in which the Judgment Debtor has an interest * 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. TAKE FURTHER NOTICE that this Restraining Notice also covers all property in which the above named Judgment Debtor has an interest hereafter coming into your possession or custody, and all debts hereafter coming due ftom you to the Judgment Debtor. * Provide specified debt or property, if any. American LegalNet, Inc. www.FormsWorkflow.com 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 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. 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 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 for Judgment Creditor must sign name above and type name below ) Attorney(s) for Judgment Creditor Creditor Office and P.O. Address Telephone No.: American LegalNet, Inc. www.FormsWorkflow.com
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