Restraining Notice To Judgment Debtor | Pdf Fpdf Doc Docx | New York

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Restraining Notice To Judgment Debtor | Pdf Fpdf Doc Docx | New York

Restraining Notice To Judgment Debtor

This is a New York form that can be used for General.

Alternate TextLast updated: 4/13/2015

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COURT COUNTY OF : : : : Plaintiff(s) -against- Index No. RESTRAINING NOTICE TO JUDGMENT DEBTOR : : : : Defendant(s) : THE PEOPLE OF THE STATE OF NEW YORK To: GREETING: WHEREAS, in an action in the , between , Judgment Debtor: Court of as defendant(s), parties to the said action, a judgment was entered therein on , the Judgment Creditor(s), and against the Judgment Debtor(s), for the sum of $ ; and WHEREAS, $ ; , County of as plaintiff(s) and who are all the in favor of , 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 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 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 Restraining Notice to Judgment Debtor Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 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 th e 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 3 American LegalNet, Inc. www.FormsWorkFlow.com NOTICE TO JUDGMENT DEBTOR OR OBLIGOR Money or property belonging to you may have been taken or held in order to satisfy a ju dgment or order which has been entered against you. Read this carefully. YOU MAY BE ABLE TO GET YOUR MONEY BACK State and federal laws prevent certain money or property from being taken to satisfy judgments or orders. Such money or property is said to be "exempt". The following is a partial list of money which may be exempt: 1. Supplemental security income, (SSI); 2. Social security; 3. Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; 7. Workers' compensation benefits; 8. Public or private pensions; 9. Veterans benefits; 10. Ninety percent of your wages or salary earned in the last sixty days; 11. Twenty-five hundred dollars of any bank account containing statutorily exempt payments that were deposited electronically security, s unemployment insurance, public or private pensions, railroad retirement benefits, black lung benefits, or child support payments; 12. Railroad retirement; and 13. Black lung benefits. If you think that any of your money that has been taken or held is exempt, you must act promptly because the money may be applied to the judgment or order. If you claim that any of your money that has been taken or held is exempt, you may contact the person sending this notice. Also, Y OU M AY C ONSULT A N AT TORNEY, I NCLUDING ANY FREE LEG AL SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an attorney to get your money back. Bring this notice with you when you o. ractice aw and ules, sections -a, and . claim to an exemption. Restraining Notice to Judgment Debtor Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com

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