Thursday, July 9, 2009

MORE ON GARNISHMENT

Again, always consult a lawyer and have that lawyer review CPLR 5205 when you are faced with a judgment creditor. But here are some "amusing" exemptions from application to the satisfaction of money judgments as contained in the statute in CPLR 5205 (a) (I have emphasized the exception to the exemptions): "The following personal property when owned by any person is exempt from application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity: 1. all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; 2. the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library; 3. a seat or pew occupied by the judgment debtor or the family in a place of public worship; 4. domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; 5. all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; 6. a wedding ring; a watch not exceeding thirty-five dollars in value; and 7. necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling."

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