Bill Text: NY A01026 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2020-10-07 - SIGNED CHAP.227 [A01026 Detail]
Download: New_York-2019-A01026-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1026 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, PERRY, WEPRIN, SEAWRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to increasing penalties for failure to execute and file satisfied judg- ments of $5,000 or more with the court clerk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (c) of section 5020 of the civil practice law 2 and rules, as amended by chapter 575 of the laws of 1975, is amended to 3 read as follows: 4 (c) When [the] a judgment for less than five thousand dollars is fully 5 satisfied, if the person required to execute and file with the proper 6 clerk pursuant to subdivisions (a) and (d) [hereof] of this section 7 fails or refuses to do so within twenty days after receiving full satis- 8 faction, then the judgment creditor shall be subject to a penalty of one 9 hundred dollars recoverable by the judgment debtor pursuant to [Section107202 of the civil practice law and rules] section seventy-two hundred 11 two of this chapter or article eighteen of either the New York City 12 civil court act, uniform district court act or uniform city court act. 13 When a judgment for five thousand dollars or more is fully satisfied, if 14 the person required to execute and file with the proper clerk pursuant 15 to subdivisions (a) and (d) of this section fails or refuses to do so 16 within twenty days after receiving full satisfaction, then the judgment 17 creditor shall be subject to a penalty of five hundred dollars recovera- 18 ble by the judgment debtor pursuant to section seventy-two hundred two 19 of this chapter or article eighteen of either the New York city civil 20 court act, uniform district court act or uniform city court act; 21 provided, however, that such [penalty] penalties shall not be recovera- 22 ble when a city with a population greater than one million persons is 23 the judgment creditor, unless such judgment creditor shall fail to 24 execute and file a satisfaction-piece with the proper clerk pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02594-01-9A. 1026 2 1 subdivisions (a) and (d) [hereof] of this section within twenty days 2 after having been served by the judgment debtor with a written demand 3 therefor by certified mail, return receipt requested. 4 § 2. This act shall take effect on the one hundred twentieth day after 5 it shall have become a law.