Many New York attorneys are at least vaguely familiar with the so-called “Restraining Notice,” a judgment enforcement device under which a judgment creditor may restrain bank accounts or other personal property or debts owed to a judgment debtor. See CPLR 5222. This remarkable device, apparently unique to New York, can be invoked by a judgment creditor’s attorney at any time, without a court order, and it may be simply and inexpensively served by Certified Mail. Yet it is quite powerful, having the same force and effect as a court-issued injunction, violation of which is punishable as a contempt of court. See CPLR 5251 (“[r]efusal or willful neglect of any person to obey a … restraining notice issued … pursuant to this title … shall each be punishable as a contempt of court”); Aspen Indus. v. Marine Midland Bank, 52 N.Y.2d 575, 579 (1981) (a Restraining Notice “serves as a type of injunction”).

Any attorney seeking to enforce a New York judgment should consider using this powerful tool. Restraining Notices should be served on banks and other third parties that may have property of the judgment debtor or owe a debt (e.g., accounts receivable, rent, unpaid fees). They also should be routinely served on the judgment debtor himself. Per CPLR 5222(b), a judgment debtor served with a Restraining Notice “is forbidden to make any sale, assignment, transfer or interference with any property in which he or she has an interest,” subject to narrow statutory exclusions, except upon direction of the sheriff or pursuant to Court order. Unlike Restraining Notices served on third parties, which expire after one year, Restraining Notices served on judgment debtors remain in effect until the Judgment is satisfied.

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