Bill Text: NY A01889 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Strong Partisan Bill (Democrat 10-1)

Status: (Engrossed - Dead) 2012-06-14 - REFERRED TO RULES [A01889 Detail]

Download: New_York-2011-A01889-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1889--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
         MILLMAN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GLICK, GOTT-
         FRIED -- read once and referred  to  the  Committee  on  Judiciary  --
         recommitted  to the Committee on Judiciary in accordance with Assembly
         Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
         increasing penalties for failure to execute and file  satisfied  judg-
         ments 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 judgment is fully satisfied, if the  person  required  to
    5  execute  and file with the proper clerk pursuant to subdivisions (a) and
    6  (d) [hereof] OF THIS SECTION fails or refuses to  do  so  within  twenty
    7  days after receiving full satisfaction, then the judgment creditor shall
    8  be subject to a penalty of [one] FIVE hundred dollars recoverable by the
    9  judgment  debtor pursuant to [Section 7202 of the civil practice law and
   10  rules] SECTION SEVENTY-TWO HUNDRED TWO OF THIS CHAPTER or article  eigh-
   11  teen of either the New York City civil court act, uniform district court
   12  act  or  uniform  city  court  act; provided, however, that such penalty
   13  shall not be recoverable when a city with a population greater than  one
   14  million  persons is the judgment creditor, unless such judgment creditor
   15  shall fail to execute and file  a  satisfaction-piece  with  the  proper
   16  clerk  pursuant  to  subdivisions  (a)  and (d) [hereof] OF THIS SECTION
   17  within twenty days after having been served by the judgment debtor  with
   18  a written demand therefor by certified mail, return receipt requested.
   19    S 2. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01836-02-2