Legal Question in Civil Litigation in New York

Re: Property Execution

As an extension of Mr. Isaacs answer,

Property execution is only available after a judgment has been placed against someone. The creditor can then seize a bank account, a car, or a house, depending upon certain exemptions such as social security, pension, etc.

The property seized must be the property of the debtor. It need not be where the creditor has a financial interest in such as a mortgage holder on real estate, or on a car. The proceeding against the debtor in these types of cases would be a mortgage foreclosure for real estate, or a repossession for a car.

If you would like to discuss this matter further, please feel free to contact me.

Re: Property Execution

"Property execution" normally refers to the collection proceedings after a judgment has been obtained. An attorney can execute against almost any asset of a debtor such as bank accounts and real estate. The assets which are executed against need to be related to the underlying case.