Upon motion of the judgment creditor without notice, where it is shown that the judgment debtor is about to depart from the state, or keeps himself concealed therein, and that there is reason to believe that he has in his possession or custody property in which he has an interest, the court may issue a warrant directed to the sheriff of any county in which the judgment debtor may be located. The warrant shall command the sheriff to arrest the judgment debtor forthwith and bring him before the court. The sheriff shall serve a copy of the warrant and the papers upon which it was based upon the judgment debtor at the time he makes the arrest. When the judgment debtor is brought before the court, the court may order that he give an undertaking, in a sum to be fixed by the court, that he will attend before the court for examination and that he will obey the terms of any restraining notice contained in the order.
§ 5250.Arrest of judgment debtor.
Article 52. Enforcement of Money Judgments · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5250 lets a court, on the judgment creditor's ex parte motion, issue a warrant to arrest a judgment debtor who is about to leave New York or is hiding within it, when there's reason to believe the debtor holds property that could satisfy the judgment, and to require an undertaking that the debtor will appear for examination.
Full Text of CPLR 5250
Plain-English Summary
Most of Article 52 goes after a debtor's property, not the debtor personally. CPLR 5250 is the exception, and it's meant for a narrow, specific danger: a debtor who is about to leave the state, or who is hiding within it, taking with them the ability to satisfy a judgment that could otherwise be enforced. On the creditor's motion, made without notice to the debtor, a court that finds this showing satisfied, along with reason to believe the debtor holds property or an interest that could pay the judgment, can issue a warrant directed to the sheriff of any county where the debtor might be found.
The warrant orders the sheriff to arrest the debtor and bring them before the court, and the sheriff has to serve the debtor with a copy of the warrant and the papers that supported it at the time of arrest, so the debtor immediately learns the basis for what just happened. Once the debtor is in front of the court, the judge can require an undertaking, a bond in an amount the court fixes, guaranteeing that the debtor will appear for examination and comply with any restraining notice the order contains.
Frequently Asked Questions
Can someone be arrested for not paying a civil judgment in New York?
Not for owing money alone. CPLR 5250 authorizes arrest only where the debtor is about to leave the state or is hiding within it, and there's reason to believe they hold property that could satisfy the judgment. It targets flight and concealment, not nonpayment by itself.
When can a creditor use CPLR 5250 to have a debtor arrested?
When the creditor can show the debtor is about to depart from New York, or is concealing themselves within it, and that there's reason to believe the debtor holds property or an interest that could be used to pay the judgment.
What happens after the sheriff arrests a debtor under CPLR 5250?
The sheriff brings the debtor before the court and serves them with the warrant and the supporting papers at the time of arrest. The court can then require the debtor to post an undertaking guaranteeing they will appear for examination and follow any restraining notice in the order.
Is the debtor notified before a CPLR 5250 motion is granted?
No. The section allows the creditor to bring the motion without notice to the debtor, given the risk that advance warning would let the debtor leave the state or conceal themselves before the warrant could issue.
How does CPLR 5250 differ from ordinary civil arrest to enforce a judgment?
CPLR 5250 is narrow and targeted: it authorizes arrest only when a judgment debtor is about to flee the state or is hiding within it, and only where there is reason to believe the debtor holds property that could satisfy the judgment. Article 61 of the CPLR, which formerly provided a broader civil-arrest provisional remedy, has since been repealed, leaving CPLR 5250 as one of the few arrest mechanisms still tied specifically to judgment enforcement.
Advisory Committee Notes
This section consolidates provisions for the arrest of the judgment debtor found in CPA §§ 774(3), 775(3), 776 and 783(4). The last sentence of former § 776 is omitted as unnecessary; if the debtor should fail to obey the order of the court, he would be punishable for a contempt. Although civil arrest has been severely limited by the new CPLR (see article 61), and body execution has been abolished, arrest and imprisonment for contempt of court remain as sanctions for disobedience of a subpoena. See § 5251. This section is necessary where, because the judgment debtor avoids service of a subpoena, he cannot be punished for its violation. Moreover, the situation is different than that covered by civil arrest after judgment, pursuant to § 6101, which is limited to an arrest in order to enforce the provisions of a judgment requiring the performance of an act.
Amendment History
Add, L 1962, ch 308, 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: arrest warrant for civil judgment debtor New Yorkbody execution judgment debtor New Yorkdebtor fleeing state judgment warrantcan you go to jail for not paying a judgment in New York