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New York Field Code
Chapter II


CHAPTER II

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION.

 

SECTION
 
 

853.    
When execution returned unsatisfied, order for discovery of property.
854.    
When judgment debtor refuses to apply property to satisfy judgment.
855.    
Manner of Proceeding to examine judgment debtor.
856.    
Any debtor may pay execution against his creditor.
857.    
Examination of debtors of judgment debtor or of those having property belonging to him.
858.    
Witness required to testify.
859.    
Compelling party or witnesses to attend. Examinations when to be on oath.
860.    
Judge may order property to be applied on execution.
861.    
Judge may appoint receiver, and prohibit transfer of property.
862.    
Proceeding upon claim of another party to property, or on denial of indebtedness to judgment debtor.
863.    
Reference by judge.
864.    
Costs of proceeding.
865.    
Disobedience of order, how punished.

 

§ 853.  When an execution against property of the judgment debtor, or any one of several debtors, in the same judgment, issued to the sheriff of the county where he resides, or if he do not reside in this state, to the sheriff of the county where the judgment roll, or a transcript of a justice's judgment, is filed, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return made, is entitled to an order from the judge of the court, or a county judge of the county to which the execution was issued, requiring such judgment debtor to appear and answer, concerning his property, before such judge or a referee appointed by a judge of the court, at a time and place specified in the order.

Amended Code, § 292.


§ 854.  After the issuing of an execution against property, and upon proof by affidavit, of a party or otherwise, to the satisfaction of the court, or a judge therof, or county judge, that any judgment debtor has property, which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by and order, require the judgment debtor to appear at a specified time and place, to answer concerning the same; and such proceedings may therupon be had, for the application of the property of the judgment debtor towards the satisfaction of the judgment, as are provided, upon the return of an execution.

Amended Code, § 292.


§ 855.  Instead of the order requiring the attendance of the judgment debtor, as provided in the last two sections, the judge may, upon proof by affidavit or otherwise, to his satisfaction that there is danger of the debtor's leaving the state, or concealing himself, issue a warrant requiring the sheriff of any county where such debtor may be, to arrest him and bring him before such judge. Upon being brought before the judge, he may be examined on oath, and ordered to enter into an undertaking with one or more sureties, that he will attend from time to time before the judge or referee, ad he shall direct, during the pendency of the proceeding, and until the final determination thereof, and will not in the meantime dispose of any portion of his property, not exempt from execution. In default of entering into such undertaking, he may be committed to prison, by warrant of the judge.

Amended Code, § 292.


§ 856.  After the issuing of execution against property, any person indebted to the judgment debtor, may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff’s receipt shall be a sufficient discharge for the amount so paid.

Amended Code, § 293.


§ 857.  After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof of affidavit, or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding ten dollars, the judge may by an order require such person or corporation, or any officer or member thereof, to appear at a specified time and place, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action, in such manner as may seem to him proper.

Amended Code, § 294.


§ 858.  Witnesses may be required to appear and testify upon any proceeding under this chapter, in the same manner as upon the trial of an issue.

Amended Code, § 295.


§ 859.  The party or witness may be required to attend before the judge, or before a referee, appointed by the court or judge. If before a referee, the examination must be taken by the referee, and certified to the judge. All examinations and answers before a judge or referee, under this chapter, must be on oath, except that when a corporation answers, the answer must be on the oath of an officer thereof.

Amended Code, § 296.


§ 860.  The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtors for his personal services, at any time within thirty days next preceding the order, cannot be so applied, when it is made to appear by the debtor’s affidavit, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Amended Code, § 297.
Modified, so as to preserve the current earnings of a debtor for use of his family, if necessary for their support.


§ 861.  The judge may also, by order appoint a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt from execution, and any interference therewith.

Amended Code, § 298.


§ 862.  If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property, adverse to him, or denies the debt, such interest of debt is recoverable only in an action against such person or corporation, by the receiver: but the judge may, by order, forbid a transfer or other disposition of such property or interest, till a sufficient opportunity be given to the receiver to commence the action, and prosecute the same to judgment and execution. Such order may be modified or vacated, by the judge granting the same, at any time, on such security as he may direct.

Amended Code, § 299.


§ 863.  The judge may, in his discretion, order a reference to a referee agreed upon or appointed by him, to report the evidence or the facts.

Amended Code, § 300.


§ 864.  The judge may allow to the judgment creditor, or to any person so examined, whether a party to the action or not, his charges, and a fixed sum in addition, not exceeding ten dollars, as costs.

Amended Code, §301.


§ 865.  If any person, party or witness, disobey an order of the judge or referee, duly served, such person, party or witness, may be punished by the judge, as for a contempt. The proceedings therefor are prescribed in the title of the third part of this code, respecting the punishment of contempts.

Amended Code, §203.

 

 

 

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