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Protective Order against Judgment Enforcement: New York

Judgment debtors may turn to CPLR § 5240 to seek relief against the harsh effects of aggressive judgment enforcement.

Located in a "centralized location" in Article 52, CPLR § 5240 may grant a debtor a protective order or other help[1] against a creditor's collection tools. The law's broad purpose is to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts.[2]

While this section is used a lot in real-estate foreclosure matters, our office includes this section as a backup in our motions to vacate judgments. We include sufficient factual detail to support arguments against judgment enforcement from many angles.

Some examples for use:

  • Relief against concurrent wage garnishments and bank restraints;
  • Sudden financial hardship;
  • Venue (courthouse location) inconveniences;
  • Mistaken or merged identity;
  • Judgment fully paid;
  • Payment by co-defendant;
  • Inconvenience to co-tenants or other persons;
  • Exempt nature of funds; and
  • Creditor misconduct.

Contact us right away if you need help beating back a creditor.

[1] The court may make an order "denying, limiting, conditioning, regulating, extending or modifying the use of any enforcement procedure."

[2] Paz v. LIRR, 2nd Dept., 1997 241 A.D.2d 486.