CPLR § 5038

Assignment of periodic installments

§ 5038. Assignment of periodic installments. An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment entered under this article is enforceable only as to amounts: (a) to secure payment of alimony, maintenance, or child support; (b) for the cost of products, services, or accommodations provided or to be provided by the assignee for medical, dental or other health care; or (c) for attorney's fees and other expenses of litigation incurred in securing the judgment.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5038

In plain English

A right (or agreement) to assign future-damage installments is enforceable only for amounts: (a) to secure alimony, maintenance, or child support; (b) for the cost of medical/dental/health-care products, services, or accommodations from the assignee; or (c) for attorney's fees and litigation expenses incurred getting the judgment. ★ Everything else is unassignable.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.