Files

Download

Download Full Text (3.2 MB)

Description

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.

Publication Date

2013

Volume

77

Publisher

Albany Law Review

First Page

1489

Keywords

debt collection, civil procedure, garnishment

Disciplines

Law

Download

Included in

Law Commons

COinS