This was the issue presented Carbo Industries, Inc. v. Alcus Fuel Oil, Inc.decided November 13, 2014.
The answer is no.
Credit is not assignable or transferable under CPLR § 5201. Furthermore, permitting such compulsion, from a policy perspective, would create an additional creditor (the credit card company with no relation to the case) with little chance of being repaid. Without persuasive authority stating otherwise, a New York trial court was unwilling impose such burdens on the debtor and on the credit industry.
Although a judgment creditor can "attach" (seize) a debt owed to a debtor, the judgment creditor cannot force the debtor to take on new debt to pay down a judgment.
Otherwise, New York law is broad as to what property is attachable to satisfy a money judgment: "...any property which could be assigned or transferred, whether it consists of a present or future right or interest and whether or not it is vested...."
If you have any questions as to what your creditor can seize, call us.
Carbo Industries, Inc. v. Alcus Fuel Oil, Inc., 601922/13, NYLJ 1202677620087, at *1 (Sup., NA, Decided November 13, 2014).