Bill Text: NY A05738 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the issuance and enforcement of certain money judgments against a natural person, the accumulation of interest on certain money judgments against a natural person, and the entry of certain default judgments during the period of the COVID-19 state disaster emergency; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05738 Detail]
Download: New_York-2021-A05738-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5738 2021-2022 Regular Sessions IN ASSEMBLY February 24, 2021 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to personal property exemptions; and to prohibit the issuance and enforcement of certain money judgments against a natural person, the accumulation of interest on certain money judgments against a natural person, and the entry of certain default judgments during the period of the COVID-19 state disaster emergency; and provides for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Notwithstanding the provisions of sections 5222, 5230, 2 5232, and 5233 of the civil practice law and rules or any other 3 provision of law to the contrary, no court shall issue, and no judgment 4 creditor, sheriff, marshal or other agent of the judgment creditor shall 5 enforce, a money judgment against a natural person, except where the 6 judgment is for child support, spousal support, maintenance, or alimony, 7 or where the court has, in its discretion, allowed judgment enforcement 8 upon a judgment creditor's emergency application. 9 § 2. Notwithstanding the provisions of section 5004 of the civil prac- 10 tice law and rules and any other provision of law to the contrary, no 11 interest shall accumulate on money judgments against natural persons. 12 § 3. Notwithstanding the provisions of section 3215 of the civil prac- 13 tice law and rules and any other provision of law to the contrary, where 14 the defendant is a natural person, no failure to comply with payment 15 obligations on a stipulation of settlement made after commencement of an 16 action shall be deemed a failure to comply with the stipulation that 17 could serve as a basis for entry of a default judgment. 18 § 4. Section 5205 of the civil practice law and rules is amended by 19 adding a new subdivision (p) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02369-01-1A. 5738 2 1 (p) One hundred percent of any federal, state, or local government 2 financial assistance made available to individuals in express response 3 to a disaster, catastrophe, public health crisis, or similar public 4 emergency are exempt from application to the satisfaction of a money 5 judgment. Such financial assistance includes but is not limited to 6 monies made available under section 2201 of the federal Coronavirus Aid, 7 Relief, and Economic Security Act of 2020 and any other federal, state, 8 or local government financial assistance made available to individuals 9 in express response to the COVID-19 pandemic. 10 § 5. This act shall take effect immediately; provided that sections 11 one, two and three of this act shall expire and be deemed repealed thir- 12 ty days following the end of the state disaster emergency declared by 13 executive order 202 of 2020, as amended.
