Section 5234. Distribution of proceeds of personal property; priorities  


Latest version.
  • (a) Distribution of proceeds of personal property.  After deduction  for
      and  payment of fees, expenses and any taxes levied upon sale, delivery,
      transfer or payment, the proceeds of personal property or debt  acquired
      by  a  receiver  or a sheriff or other officer authorized to enforce the
      judgment shall be distributed to the judgment creditor  and  any  excess
      shall  be  paid over to the judgment debtor. No distribution of proceeds
      shall be made until fifteen days after service of the  execution  except
      upon order of the court.
        (b)  Priority  among execution creditors. Where two or more executions
      or orders of attachment are issued against the same judgment  debtor  or
      obligor  and  delivered to the same enforcement officer or issued by the
      support collection unit designated by the  appropriate  social  services
      district,  they  shall  be  satisfied  out  of  the proceeds of personal
      property or debt levied upon by the officer or by the support collection
      unit in the order in which they  were  delivered,  such  executions  for
      child  support  shall  have  priority over any other assignment, levy or
      process. Where two or more executions or orders of attachment are issued
      against the same judgment debtor or obligor and delivered  to  different
      enforcement  officers,  and  personal  property  or  debt is levied upon
      within the jurisdiction of all of the officers, the  proceeds  shall  be
      first  applied  in  satisfaction of the execution or order of attachment
      delivered to the officer who levied, and thereafter shall be applied  in
      satisfaction  of  the  executions  or  orders of attachment delivered to
      those of the other officers who, before the  proceeds  are  distributed,
      make a demand upon the officer who levied, in the order of such demands,
      except  that  such executions for child support shall have priority over
      any other assignment, levy or process. Where  there  is  more  than  one
      past-due  child  support  order,  the  proceeds  shall be applied to the
      orders in proportion to the amount  each  order's  claim  bears  to  the
      combined  total.  Nothing herein shall be deemed to defeat or impair the
      rights of any secured  party  as  such  term  is  defined  in  paragraph
      seventy-two   of  subsection  (a)  of  section  9--102  of  the  uniform
      commercial code. An execution or order  of  attachment  returned  by  an
      officer before a levy or delivered to him after the proceeds of the levy
      have been distributed shall not be satisfied out of those proceeds.
        (c)  Priority of other judgment creditors.  Where personal property or
      debt has been ordered delivered, transferred  or  paid,  or  a  receiver
      thereof has been appointed by order, or a receivership has been extended
      thereto  by order, and the order is filed before the property or debt is
      levied upon, the rights of the judgment creditor who secured  the  order
      are  superior to those of the judgment creditor entitled to the proceeds
      of the levy. Where two or more such orders affecting the  same  interest
      in  personal property or debt are filed, the proceeds of the property or
      debt shall be applied in the order of filing. Where delivery,  transfer,
      or  payment  to the judgment creditor, a receiver, or a sheriff or other
      officer is not completed within sixty days after an order is filed,  the
      judgment  creditor who secured the order is divested of priority, unless
      otherwise specified in the order or in an extension order  filed  within
      the sixty days.