Publication Date

2013

Journal

Albany Law Review

Abstract

New York is virtually unique in permitting lawyers to issue court orders restraining debtors and third parties from conveying away any assets that could be used to satisfy a money judgment. In effect, these orders command the recipient to do nothing, whereas a turnover or garnishment orders the recipient to do something — pay the creditor or sheriff or surrender illiquid property to the sheriff. The weakness and strength of this debt collection tool is assessed at length. The Article also analyzes in detail New York’s Exempt Income Protection Act, enacted in 2008 to force banks to protect the exempt bank accounts of social security recipients.

Volume

77

Issue

4

First Page

1489

Last Page

1642

Publisher

Albany Law School

Keywords

debt collection, civil procedure, garnishment

Disciplines

Banking and Finance Law | Bankruptcy Law | Law | Law and Society | Legal Remedies | Securities Law

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