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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 5208: Enforcement after death of judgment debtor; leave of court; extension of lien

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 52. Enforcement of Money Judgments

§ 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 he 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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