Bill Text: NY A07500 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-08-30 - SIGNED CHAP.214 [A07500 Detail]
Download: New_York-2019-A07500-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7500--A 2019-2020 Regular Sessions IN ASSEMBLY May 7, 2019 ___________ Introduced by M. of A. DINOWITZ, NIOU, DenDEKKER, WRIGHT, WALLACE, SCHIMMINGER -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary -- 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 judg- ment by confession The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (a) and subdivision (b) of 2 section 3218 of the civil practice law and rules, paragraph 1 of subdi- 3 vision (a) as amended by chapter 311 of the laws of 1963, are amended to 4 read as follows: 5 1. stating the sum for which judgment may be entered, authorizing the 6 entry of judgment, and stating the county where the defendant resides 7 [or if he is a non-resident, the county in which entry is authorized]; 8 (b) Entry of judgment. At any time within three years after the affi- 9 davit is executed, it may be filed, but only with the clerk of the coun- 10 ty where the [defendant] defendant's affidavit stated [in his affidavit11that he] that the defendant resided when it was executed or[, if the12defendant was then a non-resident, with the clerk of the county desig-13nated in the affidavit] where the defendant resided at the time of 14 filing. [Thereupon the] The clerk shall then enter a judgment in the 15 supreme court for the sum confessed. [He] The clerk shall tax costs [to] 16 in the amount of fifteen dollars, besides disbursements taxable in an 17 action. The judgment may be docketed and enforced in the same manner 18 and with the same effect as a judgment in an action in the supreme 19 court. No judgment by confession may be entered after the defendant's 20 death. For purposes of this section, a non-natural person resides in 21 any county where it has a place of business. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11359-02-9A. 7500--A 2 1 Notwithstanding any other provision of law to the contrary, a govern- 2 ment agency engaged in the enforcement of civil or criminal law against 3 a person or a non-natural person may file an affidavit in any county 4 within the state. 5 § 2. This act shall take effect immediately and apply to judgments by 6 confession entered upon affidavits filed on or after such effective 7 date.