Section 5225. Payment or delivery of property of judgment debtor  


Latest version.
  • (a)
      Property in the possession  of  judgment  debtor.  Upon  motion  of  the
      judgment creditor, upon notice to the judgment debtor, where it is shown
      that  the  judgment debtor is in possession or custody of money or other
      personal property in which he has an interest,  the  court  shall  order
      that  the  judgment  debtor  pay  the  money,  or  so  much  of it as is
      sufficient to satisfy the judgment, to the judgment creditor and, if the
      amount to be so paid is insufficient to satisfy the judgment, to deliver
      any other personal property, or so much of it as is of sufficient  value
      to  satisfy  the judgment, to a designated sheriff. Notice of the motion
      shall be served on the judgment debtor in the same manner as  a  summons
      or by registered or certified mail, return receipt requested.
        (b)  Property not in the possession of judgment debtor. Upon a special
      proceeding commenced by the  judgment  creditor,  against  a  person  in
      possession  or  custody of money or other personal property in which the
      judgment debtor has an interest, or against a person who is a transferee
      of money or other personal property from the judgment debtor,  where  it
      is  shown that the judgment debtor is entitled to the possession of such
      property or that the judgment creditor's  rights  to  the  property  are
      superior to those of the transferee, the court shall require such person
      to  pay  the  money,  or  so  much of it as is sufficient to satisfy the
      judgment, to the judgment creditor and, if the amount to be so  paid  is
      insufficient  to  satisfy  the  judgment,  to deliver any other personal
      property, or so much of it as is of  sufficient  value  to  satisfy  the
      judgment,  to a designated sheriff. Costs of the proceeding shall not be
      awarded against a person who  did  not  dispute  the  judgment  debtor's
      interest  or right to possession. Notice of the proceeding shall also be
      served upon the judgment debtor in the same manner as a  summons  or  by
      registered  or  certified  mail, return receipt requested. The court may
      permit the judgment debtor to intervene in the proceeding. The court may
      permit any adverse claimant to  intervene  in  the  proceeding  and  may
      determine his rights in accordance with section 5239.
        (c)  Documents  to effect payment or delivery. The court may order any
      person to execute and deliver any document necessary to  effect  payment
      or delivery.