N.Y. Civil Practice Law & Rules Section 5239
Proceeding to determine adverse claims


Prior to the application of property or debt by a sheriff or receiver to the satisfaction of a judgment, any interested person may commence a special proceeding against the judgment creditor or other person with whom a dispute exists to determine rights in the property or debt. Service of process in such a proceeding shall be made by service of a notice of petition upon the respondent, the sheriff or receiver, and such other person as the court directs, in the same manner as a notice of motion. The proceeding may be commenced in the county where the property was levied upon, or in a court or county specified in subdivision (a) of section 5221. The court may vacate the execution or order, void the levy, direct the disposition of the property or debt, or direct that damages be awarded. Where there appear to be disputed questions of fact, the court shall order a separate trial, indicating the person who shall have possession of the property pending a decision and the undertaking, if any, which such person shall give. If the court determines that any claim asserted was fraudulent, it may require the claimant to pay to any party adversely affected thereby the reasonable expenses incurred by such party in the proceeding, including reasonable attorneys’ fees, and any other damages suffered by reason of the claim. The court may permit any interested person to intervene in the proceeding.

Source: Section 5239 — Proceeding to determine adverse claims, https://www.­nysenate.­gov/legislation/laws/CVP/5239 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

5201
Debt or property subject to enforcement
5202
Judgment creditor’s rights in personal property
5203
Priorities and liens upon real property
5204
Release of lien or levy upon appeal
5205
Personal property exempt from application to the satisfaction of money judgments
5206
Real property exempt from application to the satisfaction of money judgments
5207
Enforcement involving the state
5208
Enforcement after death of judgment debtor
5209
Discharge of garnishee’s obligation
5210
Power of court to punish for contempt
5211
Privilege on examination
5221
Where enforcement proceeding commenced
5222
Restraining notice
5222–A
Service of notices and forms and procedure for claim of exemption
5223
Disclosure
5224
Subpoena
5225
Payment or delivery of property of judgment debtor
5226
Installment payment order
5227
Payment of debts owed to judgment debtor
5228
Receivers
5229
Enforcement before judgment entered
5230
Executions
5231
Income execution
5232
Levy upon personal property
5233
Sale of personal property
5234
Distribution of proceeds of personal property
5235
Levy upon real property
5236
Sale of real property
5237
Failure of title to property sold
5238
Directions to the sheriff
5239
Proceeding to determine adverse claims
5240
Modification or protective order
5241
Income execution for support enforcement
5242
Income deduction order for support enforcement
5250
Arrest of judgment debtor
5251
Disobedience of subpoena, restraining notice or order
5252
Discrimination against employees and prospective employees based upon wage assignment or income execution
5253
Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...

Accessed:
Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 5239’s source at nysenate​.gov

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