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 Apr. 20, 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...
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 5239’s source at nysenate​.gov

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