Legislation
SECTION 5250
Arrest of judgment debtor
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5250. Arrest of judgment debtor. Upon motion of the judgment
creditor without notice, where it is shown that the judgment debtor is
about to depart from the state, or keeps himself concealed therein, and
that there is reason to believe that he has in his possession or custody
property in which he has an interest, the court may issue a warrant
directed to the sheriff of any county in which the judgment debtor may
be located. The warrant shall command the sheriff to arrest the judgment
debtor forthwith and bring him before the court. The sheriff shall serve
a copy of the warrant and the papers upon which it was based upon the
judgment debtor at the time he makes the arrest. When the judgment
debtor is brought before the court, the court may order that he give an
undertaking, in a sum to be fixed by the court, that he will attend
before the court for examination and that he will obey the terms of any
restraining notice contained in the order.
creditor without notice, where it is shown that the judgment debtor is
about to depart from the state, or keeps himself concealed therein, and
that there is reason to believe that he has in his possession or custody
property in which he has an interest, the court may issue a warrant
directed to the sheriff of any county in which the judgment debtor may
be located. The warrant shall command the sheriff to arrest the judgment
debtor forthwith and bring him before the court. The sheriff shall serve
a copy of the warrant and the papers upon which it was based upon the
judgment debtor at the time he makes the arrest. When the judgment
debtor is brought before the court, the court may order that he give an
undertaking, in a sum to be fixed by the court, that he will attend
before the court for examination and that he will obey the terms of any
restraining notice contained in the order.