N.Y. Civil Practice Law & Rules Section 5234
Distribution of proceeds of personal property

  • priorities

(a)

Distribution of proceeds of personal property. After deduction for and payment of fees, expenses and any taxes levied upon sale, delivery, transfer or payment, the proceeds of personal property or debt acquired by a receiver or a sheriff or other officer authorized to enforce the judgment shall be distributed to the judgment creditor and any excess shall be paid over to the judgment debtor. No distribution of proceeds shall be made until fifteen days after service of the execution except upon order of the court.

(b)

Priority among execution creditors. Where two or more executions or orders of attachment are issued against the same judgment debtor or obligor and delivered to the same enforcement officer or issued by the support collection unit designated by the appropriate social services district, they shall be satisfied out of the proceeds of personal property or debt levied upon by the officer or by the support collection unit in the order in which they were delivered, such executions for child support shall have priority over any other assignment, levy or process. Where two or more executions or orders of attachment are issued against the same judgment debtor or obligor and delivered to different enforcement officers, and personal property or debt is levied upon within the jurisdiction of all of the officers, the proceeds shall be first applied in satisfaction of the execution or order of attachment delivered to the officer who levied, and thereafter shall be applied in satisfaction of the executions or orders of attachment delivered to those of the other officers who, before the proceeds are distributed, make a demand upon the officer who levied, in the order of such demands, except that such executions for child support shall have priority over any other assignment, levy or process. Where there is more than one past-due child support order, the proceeds shall be applied to the orders in proportion to the amount each order’s claim bears to the combined total. Nothing herein shall be deemed to defeat or impair the rights of any secured party as such term is defined in paragraph seventy-two of subsection (a) of section 9--102 of the uniform commercial code. An execution or order of attachment returned by an officer before a levy or delivered to him after the proceeds of the levy have been distributed shall not be satisfied out of those proceeds.

(c)

Priority of other judgment creditors. Where personal property or debt has been ordered delivered, transferred or paid, or a receiver thereof has been appointed by order, or a receivership has been extended thereto by order, and the order is filed before the property or debt is levied upon, the rights of the judgment creditor who secured the order are superior to those of the judgment creditor entitled to the proceeds of the levy. Where two or more such orders affecting the same interest in personal property or debt are filed, the proceeds of the property or debt shall be applied in the order of filing. Where delivery, transfer, or payment to the judgment creditor, a receiver, or a sheriff or other officer is not completed within sixty days after an order is filed, the judgment creditor who secured the order is divested of priority, unless otherwise specified in the order or in an extension order filed within the sixty days.

Source: Section 5234 — Distribution of proceeds of personal property; priorities, https://www.­nysenate.­gov/legislation/laws/CVP/5234 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

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:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 5234’s source at nysenate​.gov

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