CPLR 5208 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5207 Enforcement involving the state up ARTICLE 52 Enforcement of Money Judgments next SECTION 5209 Discharge of garnishee's obligation Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5208 Enforcement after death of judgment debtor; leave of court; extension of lien Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52 § 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.