CPLR § 5250

Arrest of judgment debtor

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5250

In plain English

On the creditor's motion without notice, if the debtor is about to leave the state or is hiding and likely holds reachable property, the court may issue a warrant for the sheriff to arrest and bring the debtor before the court, which may require an undertaking to appear and obey restraints. ★

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.