State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5208

§  5208.  Enforcement  after death of judgment debtor; leave of court;  extension of lien.  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 be 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.

State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5208

§  5208.  Enforcement  after death of judgment debtor; leave of court;  extension of lien.  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 be 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-52 > 5208

§  5208.  Enforcement  after death of judgment debtor; leave of court;  extension of lien.  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 be 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.