Hilliard v. De Ciuceis

This motion seeks to vacate an order by which the judgment creditor has garnisheed the judgment debtor’s salary. The judgment was obtained by the commissioner *198of welfare pursuant to section 104 of the Social Welfare Law which provides that where relief payments have been made to a person or to members of his family for whose support he was liable and he is discovered to be possessed of property, a designated welfare officer may bring suit to recover back such payments made. It appears that after the entry of the judgment the debtor filed a petition in bankruptcy listing the judgment as his…