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Free Ny Restraining Notice Form

The New York Restraining Notice form is a legal document used to prevent a judgment debtor from transferring or interfering with their property while a judgment is being enforced. This form is typically served alongside an information subpoena, which requests information about the debtor's assets. By serving this notice, creditors aim to secure their ability to collect debts owed to them.

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The NY Restraining Notice form plays a crucial role in the enforcement of money judgments in the state of New York, particularly within the Civil Court system. This form, often accompanying an information subpoena, is designed to inform third parties—such as banks or employers—that they may hold property or owe debts to a judgment debtor. By serving this notice, creditors aim to prevent any transfer or interference with the debtor's assets until the outstanding judgment is satisfied. The form includes essential details such as the names of the parties involved, the index number of the case, and the amount owed. It also emphasizes the legal obligations of the recipient, warning that disobedience can lead to contempt of court. Importantly, the form outlines the types of property that may be exempt from collection, providing a pathway for debtors to reclaim certain funds. Understanding the nuances of this form is vital for both creditors seeking to enforce their rights and debtors aiming to protect their assets.

Similar forms

Information Subpoena: This document requires the debtor to provide detailed information about their financial situation. Similar to the Restraining Notice, it aims to gather information to assist in collecting a judgment.
Writ of Garnishment: This court order directs a third party to withhold funds or property owed to the debtor. Like the Restraining Notice, it prevents the transfer of assets until the debt is resolved.
Levy on Property: This legal procedure allows a creditor to take possession of the debtor's property to satisfy a judgment. Both documents serve to restrict the debtor's ability to access their assets.
Notice of Default: This document informs the debtor that they have failed to meet their obligations. Similar to the Restraining Notice, it serves as a warning that further action may be taken if the debt is not addressed.
Judgment Lien: This legal claim against the debtor's property ensures that the creditor can collect the debt if the property is sold. Like the Restraining Notice, it secures the creditor's interest in the debtor's assets.
Debt Validation Notice: This document requests verification of the debt from the creditor. It shares the goal of the Restraining Notice in ensuring that the debtor is fully informed about their financial obligations.

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412– Information subpoena with restraining notice, garnishee, certification,	©2012 by BlumbergExcelsior, Inc., PUBLISHER, NYC 10013
notice to judgment debtor, enforcement of money judgments, Civil Court, 8-12		www.blumberg.com
CIVIL COURT OF THE CITY OF NEW YORK, COUNTY OF		Index No.
		INFORMATION SUBPOENA
		INFORMATION SUBPOENA
against	Plaintiff(s)	with Restraining Notice
	Plaintiff(s)

	Defendant(s)	Judgment Debtor
		Address:

THE PEOPLE OF THE STATE OF NEW YORK TO:		GREETING:
Address:
WHEREAS, in an action in the Civil Court of the City of New York, County of		between
	as plaintiff(s) and
as defendant(s), who are all the parties named in said action, a judgment was entered on		in favor of
		judgment creditor(s) and against
		judgment debtor(s)
in the amount of $	of which $	together with interest thereon
from	remains due and unpaid; and
WHEREAS, the witness; resides; is regularly employed; has an office for the regular transaction of business in person;
in	County

NOW, THEREFORE WE COMMAND YOU, that you answer in writing under oath, separately and fully, each question in the questionnaire accompanying this subpoena, each answer referring to the question to which it responds; and that you return the answers together with the original questions within 7 days after your receipt of the questions and this subpoena.

TAKE NOTICE that false swearing or failure to comply with this subpoena is punishable as a contempt of court.

I HEREBY CERTIFY that this information subpoena complies with Rule 5224 of the Civil Practice Law and Rules and Section 601 of the General Business Law and I have a reasonable belief that the party receiving this subpoena has in their possession information about the debtor that will assist the creditor in collecting the judgment.

RESTRAINING NOTICE

WHEREAS, it appears that you owe a debt to the judgment debtor or are in possession or in custody of property in which the judgment debtor has an interest;

TAKE NOTICE that pursuant to CPLR §5222(b), which is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any interference with any property in which you have an interest, except as therein provided.

TAKE FURTHER NOTICE that this notice also covers all property in which the judgment debtor has an interest hereafter coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtor.

Section 5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisﬁed or vacated. A restrain- ing notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a speciﬁed debt is owed by the person served to the judg- ment debtor or obligor or that the judgment debtor or obligor has an interest in speciﬁed property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any speciﬁed in the notice, and all debts of such a person, including any speciﬁed in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him or her, or until the judgment or order is satis- ﬁed or vacated, whichever event ﬁrst occurs. A judgment creditor or support collection unit which has speciﬁed personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor or obligor, for any damages sustained by reason of the restraint. If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money.

NOTICE TO JUDGMENT DEBTOR is annexed hereto.

TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court.

Dated:

Signature

Print name signed

Attorney(s) for Judgment Creditor:

Office and Post Office Address:

* Space provided if debt or property is to be specified.

412—P. 2 Notice to judgment debtors, CPLR 5222; 1-09	©2009 BY BlumbergExcelsior, Inc., PUBLISHER, NYC 10013
	www.blumberg.com

NOTICE TO JUDGMENT DEBTOR OR OBLIGOR

Money or property belonging to you may have been taken or held in order to satisfy a judgment or order which has been entered against you. Read this carefully.

YOU MAY BE ABLE TO GET YOUR MONEY BACK

State and federal laws prevent certain money or property from being taken to satisfy judgments or orders. Such money or property is said to be “exempt”. The following is a partial list of money which may be exempt:

1.Supplemental security income (SSI);

2.Social security;

3.Public assistance (welfare);

4.Spousal support, maintenance (alimony) or child support;

5.Unemployment beneﬁts;

6.Disability beneﬁts;

7.Workers’ compensation beneﬁts;

8.Public or private pensions;

9.Veterans beneﬁts;

10.Ninety percent of your wages or salary earned in the last sixty days;

11.Twenty-ﬁve hundred dollars of any bank account containing statutorily exempt payments that were deposited electronically or by direct deposit within the last forty-ﬁve days, including, but not limited to, your social security, supplemental security income, veterans beneﬁts, public assistance, workers’ compensation, unemployment insurance, public or private pensions, railroad retirement beneﬁts, black lung beneﬁts, or child support payments;

12.Railroad retirement; and

13.Black lung beneﬁts.

If you think that any of your money that has been taken or held is exempt, you must act promptly because the money may be applied to the judgment or order. If you claim that any of your money that has been taken or held is exempt, you may contact the person sending this notice.

Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE/LEGAL SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an attorney to get your money back. Bring this notice with you when you go. You are allowed to try to prove to a judge that your money is exempt from collection under New York CPLRsections 5222(a), 5239 and 5240. If you do not have a lawyer, the clerk of the court may give you forms to help you prove your account contains exempt money that the creditor cannot collect. The law (New York CPLR Art. 4 and sections 5239 and 5240) provides a procedure for determination of a claim to an exemption.

STATE OF NEW YORK, COUNTY OF		ss.:	The undersigned, being duly sworn, deposes and says; deponent
is not a party herein, is over 18 years of age and resides at
That on	at	M., at
deponent served the within subponea on			(judgment debtor) (witness) therein named.

INDIVIDUAL

CORPORATION

SUITABLE AGE PERSON

AFFIXING TO DOOR, ETC.

MAILING TO

RESIDENCE

USE WITH 3 OR 4

5A.

MAILING TO

BUSINESS

USE WITH 3 OR 4

5B.

DESCRIPTION

USE WITH

1,2,OR 3

by delivering a true copy to said person personally; deponent knew the person so served to be the (judgment debtor) (witness) therein.

acorporation, by delivering thereat a true copy to

personally, deponent knew said corporation so served to be the corporation described in said subponea as said (judgment debtor) (witness) and knew

said individual to be	thereof.
by delivering thereat a true copy to		a person of suitable
age and discretion. Said premises is (judgment debtor's) (witness')---actual place of business		---dwelling place---usual place of abode---	within the state.
by affixing a true copy to the door of said premises, which is (judgment debtor's) (witness')---		actual place of business---dwelling place---	usual place of

abode---within the state. Deponent was unable, with due diligence to find (judgment debtor) (witness) or a person of suitable age and discretion thereat, having called there S

Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to (judgment debtor) (witness) at (judgment debtor's) (witness') last known residence, and deposited said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State.

Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly addressed to (judgment debtor) (witness) at (judgment debtor's) (witness') actual place of business, at

in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "Personal and Confidential" and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerned an action against the (judgment debtor) (witness).

Male	White Skin	Black Hair	White Hair	14-20 Yrs.	Under 5'	Under 100 Lbs.
Female	Black Skin	Brown Hair	Balding	21-35 Yrs.	5'0"-5'3"	100-130 Lbs.
	Yellow Skin	Blonde Hair	Mustache	36-50 Yrs.	5'4"-5'8"	131-160 Lbs.
	Brown Skin	Gray Hair	Beard	51-65 Yrs.	5'9"-6'0"	161-200 Lbs.
	Red Skin	Red Hair	Glasses	Over 65 Yrs.	Over 6'	Over 200 Lbs.

Other identifying features:

That the copy so delivered was accompanied by a copy and original questions, and a prepaid, addressed return envelope, and that at the same time the authorized fee of 50 cents was paid (or tendered) to said witness.

Sworn to before me on

Print name beneath signature

LICENSE NO.:__________________________

Index No.	Civil Court of the City of New York	COUNTY OF

Information Subpoena

LAW OFFICES OF

Plaintiff

against

Attorney(s) for

Office and Post Office Address

Defendant

Common mistakes

Filling out the New York Restraining Notice form can be a daunting task, and several common mistakes can lead to complications in the process. One of the most frequent errors is failing to provide complete and accurate information about the judgment debtor. This includes not only the debtor's name but also their current address. Inaccuracies can cause delays or even result in the notice being deemed ineffective, which can hinder the collection process.

Another mistake often made is neglecting to include the correct index number associated with the court case. This number is crucial as it helps the court and all parties involved to identify the specific case in question. Omitting or miswriting this number can lead to confusion and may prevent the notice from being processed correctly.

Additionally, individuals sometimes overlook the requirement to sign and date the form. A signature is not just a formality; it is a declaration of the information's accuracy and completeness. Without a signature, the notice may be rejected, which can significantly delay the enforcement of the judgment.

People also frequently forget to attach the accompanying questionnaire that is required with the subpoena. This questionnaire is essential for gathering detailed information about the judgment debtor's assets and liabilities. Failing to include it can result in a lack of necessary information, making it difficult to enforce the judgment effectively.

Another common error is not adhering to the specific timelines outlined in the form. The notice must be served within a certain period, and any delays can complicate matters further. It is vital to act promptly and ensure that all parties receive the notice within the required timeframe.

Lastly, individuals sometimes misinterpret the legal language of the form, leading to incorrect assumptions about what is required. It is crucial to read the instructions carefully and understand the implications of each section. Misunderstanding can lead to incomplete submissions or incorrect filings, which can have serious repercussions in the enforcement of the judgment.

More About Ny Restraining Notice

What is a New York Restraining Notice?
A New York Restraining Notice is a legal document that prohibits a person or entity from transferring or selling property belonging to a judgment debtor. It is typically issued in conjunction with an information subpoena to help creditors collect on a judgment.
Who can issue a Restraining Notice?
A Restraining Notice can be issued by a judgment creditor or a support collection unit. It is part of the enforcement process after a judgment has been obtained in a civil court case.
What does a Restraining Notice do?
The notice forbids the recipient from selling, transferring, or interfering with any property in which the judgment debtor has an interest. This includes any debts owed to the judgment debtor as well.
How long does a Restraining Notice remain in effect?
A Restraining Notice is effective for one year from the date it is served, unless the judgment is satisfied or vacated before that time.
What happens if someone disobeys a Restraining Notice?
Disobeying a Restraining Notice can lead to contempt of court charges. This means the person who fails to comply may face legal penalties.
Can a judgment debtor recover exempt property?
Yes, certain types of property and income are considered exempt from collection. This includes Social Security benefits, unemployment benefits, and a portion of wages. If a judgment debtor believes their property is exempt, they should act quickly to claim it.
What should a recipient of a Restraining Notice do?
If you receive a Restraining Notice, you should carefully read the document and understand your obligations. It’s advisable to consult with a legal professional if you have questions about your rights or responsibilities.
How is a Restraining Notice served?
A Restraining Notice can be served in several ways, including personal delivery, mailing, or affixing it to the premises of the judgment debtor. The method of service must comply with legal requirements to be valid.
Where can I find more information about Restraining Notices?
Additional information can typically be found on the New York State Unified Court System's website or through legal resources such as law offices or legal aid organizations.

Misconceptions

Misconceptions about the New York Restraining Notice form can lead to confusion for both creditors and debtors. Here are four common misconceptions:

Misconception 1: The restraining notice applies to all property and debts of the judgment debtor.

This is not entirely accurate. The restraining notice only applies to property or debts that the person served knows or has reason to believe belong to the judgment debtor. If the person does not owe a debt or possess property related to the debtor, the notice does not apply.

Misconception 2: A restraining notice can prevent any transfer of property indefinitely.

This is misleading. The restraining notice is effective for a limited duration, typically one year, unless the judgment is satisfied or vacated. After this period, the notice no longer applies unless renewed.

Misconception 3: Debtors have no rights when a restraining notice is served.

This is incorrect. Debtors have the right to claim exemptions for certain types of income and property that cannot be taken to satisfy a judgment. They can also challenge the notice in court if they believe it is unjustified.

Misconception 4: The restraining notice is the same as a judgment.

This is a misunderstanding. A restraining notice is a tool used to enforce a judgment, but it is not a judgment itself. A judgment is a court's final decision regarding a debt, while the restraining notice is a legal directive intended to protect the creditor's ability to collect on that judgment.

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Key takeaways

When filling out and using the New York Restraining Notice form, here are some key takeaways to keep in mind:

Understand the Purpose: This form is used to notify a third party that they cannot transfer or sell any property or money that belongs to a judgment debtor.
Timely Response Required: The person receiving the notice must respond in writing within 7 days, providing detailed answers to the accompanying questionnaire.
Know the Exemptions: Certain types of income, like Social Security or disability benefits, may be exempt from collection. Be aware of these exemptions to protect your assets.
Legal Consequences: Failing to comply with the restraining notice can lead to serious legal repercussions, including being held in contempt of court.
Seek Legal Help: If you are unsure about your rights or how to respond, consider consulting with an attorney or a legal aid organization for guidance.

Ny Restraining Notice: Usage Guide

Completing the NY Restraining Notice form involves gathering specific information and filling out the required fields accurately. Once the form is filled out, it must be served to the appropriate parties to ensure compliance with the court's directives.

Begin by entering the Index Number in the designated space at the top of the form.
Fill in the Civil Court of the City of New York and the County where the case is being heard.
Identify the Plaintiff(s) and Defendant(s) by writing their names in the appropriate fields.
In the section labeled Judgment Debtor, provide the name and address of the debtor.
Next, indicate the amount of the judgment entered against the debtor, including the total amount due and any interest that has accrued.
Provide the name and address of the Creditor or the person seeking the restraining notice.
In the Restraint Notice section, specify any property or debts that the judgment debtor has an interest in, if applicable.
Sign and date the form at the bottom, ensuring your name and title are printed clearly.
Make copies of the completed form for your records and for serving to the parties involved.

After filling out the form, it is important to serve it to the relevant parties. This ensures that they are aware of the restraining notice and can comply with the court's requirements. Proper service is crucial for the effectiveness of the notice.

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