Lang v. State

In Lang v. State, 258 AD2d 165 (1st Dept. 1999) the court held the debtor had no interest in the escrowed funds, a finding that was fatal to the judgment creditor's claims. Second, the spousal creditor's claim against the debtor's alleged "interest," even if cognizable, was, the court concluded, inferior to the interest of the State of the New York, which was holding the funds. Id at 170. In short, Lang v. State holds that if the judgment debtor has no interest in the funds or if another creditor has a superior interest, then the subordinate judgment creditor -- even if seeking to enforce a support judgment -- cannot invade the escrowed funds.