Upon motion of any party, on notice to the sheriff and all other parties, the court may direct the sheriff to dispose of, account for, assign, return or release all or any part of any property or debt, or the proceeds thereof, or to file additional returns, subject to the payment of the sheriff’s fees and expenses. As far as practicable, the court shall direct that notice of the motion be given to any other judgment creditors, at the addresses shown on the judgment docket and to any persons who have secured orders of attachment affecting any property or debt, or the proceeds thereof, sought to be returned or released.
§ 5238.Directions to the sheriff.
Article 52. Enforcement of Money Judgments · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5238 lets any party move the court for an order telling the sheriff how to handle levied property, its proceeds, or the enforcement paperwork, including directing that property be disposed of, accounted for, assigned, returned, or released.
Full Text of CPLR 5238
Plain-English Summary
Once a sheriff has levied property or debt, disputes over what should happen to it next don't have to wait for a separate lawsuit. CPLR 5238 lets any party move the court, on notice to the sheriff and all other parties, for an order directing what the sheriff does with the property or the proceeds, whether that means disposing of it, accounting for it, assigning it, returning it, or releasing it, and requiring additional returns to be filed if needed. Any relief the court grants stays subject to the sheriff's fees and expenses being paid.
Because levied property can affect creditors and lienholders beyond the ones already in front of the court, the section directs that notice of the motion go, as far as practicable, to other judgment creditors listed on the judgment docket and to anyone who has secured an order of attachment reaching the same property, proceeds, or debt. That keeps the sheriff from being caught between conflicting instructions from parties who never had a chance to weigh in.
Frequently Asked Questions
How do you get a court order directing a sheriff on how to handle levied property?
Any party moves the court, on notice to the sheriff and all other parties, for an order directing the sheriff to dispose of, account for, assign, return, or release the property, debt, or proceeds, or to file additional returns.
Who has to be notified of a motion under CPLR 5238?
The sheriff and all other parties, and, as far as practicable, any other judgment creditors shown on the judgment docket and anyone who has secured an order of attachment reaching the same property, debt, or proceeds.
What kind of relief can a court order against a sheriff under CPLR 5238?
The court can direct the sheriff to dispose of, account for, assign, return, or release levied property or its proceeds, or to file additional returns, all subject to payment of the sheriff's fees and expenses.
Can a court order under CPLR 5238 require the sheriff to file additional paperwork?
Yes. Beyond directing what happens to the property or proceeds, the court can require the sheriff to file additional returns, giving the parties an updated accounting of the enforcement process.
Does a CPLR 5238 order excuse payment of the sheriff's fees?
No. Whatever relief the court grants stays subject to the sheriff's fees and expenses being paid, so the sheriff has to be compensated before the ordered disposition, accounting, assignment, return, or release takes effect.
Advisory Committee Notes
This section is new. It replaces provisions found in CPA §§ 685, 687-a(4), 687-a(6), 795 and 798. To the extent that the former provisions requiring money to be paid to the sheriff are replaced in the new CPLR with requirements of money to be paid directly to the judgment creditor, there is no necessity for accountings from the sheriff.
Amendment History
Formerly § 5237, add, L 1962, ch 308; renumbered § 5238, L 1962, ch 315, § 5, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: court order directing the sheriff New Yorkmotion to compel sheriff to return levied propertysheriff accounting judgment enforcementrelease levied property New York judgment