Bill Text: NY A08441 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to notice of small claims judgments and indexing of unpaid claims.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2014-05-28 - held for consideration in judiciary [A08441 Detail]
Download: New_York-2013-A08441-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8441
2013-2014 Regular Sessions
I N A S S E M B L Y
January 15, 2013
___________
Introduced by M. of A. OAKS -- read once and referred to the Committee
on Judiciary
AN ACT to amend the New York city civil court act, the uniform city
court act, the uniform district court act, the uniform justice court
act and the tax law, in relation to notice of small claims judgments
and indexing of unpaid claims
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions (a) and (b) of section 1811 of the New York
2 city civil court act, as amended by chapter 122 of the laws of 1987,
3 paragraph 2 of subdivision (b) as amended, paragraph 6 of subdivision
4 (b) as added, paragraph 7 of subdivision (b) as renumbered by chapter
5 650 of the laws of 1991, are amended to read as follows:
6 (a) Notice of judgment sent to judgment debtor shall specify that a
7 failure to satisfy a judgment may subject the debtor to any one or
8 combination of the following actions:
9 1. garnishment of wage;
10 2. garnishment of bank account;
11 3. a lien on personal property;
12 4. seizure and sale of real property;
13 5. seizure and sale of personal property, including automobiles;
14 6. suspension of motor vehicle license and registration, if claim is
15 based on defendant's ownership or operation of a motor vehicle;
16 7. revocation, suspension, or denial of renewal of any applicable
17 business license or permit;
18 8. investigation and prosecution by the attorney general for fraudu-
19 lent or illegal business practices; [and]
20 9. a penalty equal to three times the amount of the unsatisfied judg-
21 ment plus attorney's fees, if there are other unpaid claims[.]; AND
22 10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11727-02-3
A. 8441 2
1 (b) Notice of judgment sent to judgment creditor shall contain but not
2 be limited to the following information:
3 1. the claimant's right to payment within thirty days following the
4 debtor's receipt of the judgment notice;
5 2. the procedures for use of section eighteen hundred twelve of this
6 article concerning the identification of assets of the judgment debtor,
7 including the use of information subpoenas, access to consumer credit
8 reports and the role of sheriffs and marshals, and actions to collect
9 three times the judgment award and attorney's fees if there are two
10 other unsatisfied claims against the debtor;
11 3. the claimant's right to initiate actions to recover the unpaid
12 judgment through the sale of the debtor's real property, or personal
13 property;
14 4. the claimant's right to initiate actions to recover the unpaid
15 judgment through suspension of debtor's motor vehicle license and regis-
16 tration, if claim is based on defendant's ownership or operation of a
17 motor vehicle;
18 5. the claimant's right to notify the appropriate state or local
19 licensing or certifying authority of an unsatisfied judgment as a basis
20 for possible revocation, suspension, or denial of renewal of business
21 license; [and]
22 6. a statement that upon satisfying the judgment, the judgment debtor
23 shall present appropriate proof thereof to the court; [and]
24 7. the claimant's right to notify the attorney general if the debtor
25 is a business and appears to be engaged in fraudulent or illegal busi-
26 ness practices[.]; AND
27 8. THE CLAIMANT'S RIGHT TO INITIATE ACTIONS TO RECOVER THE UNPAID
28 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
29 TO THE TAX LAW.
30 S 2. Subdivisions (a) and (b) of section 1811 of the uniform city
31 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
32 subdivision (b) as amended, paragraph 6 of subdivision (b) as added,
33 paragraph 7 of subdivision (b) as renumbered by chapter 650 of the laws
34 of 1991, are amended to read as follows:
35 (a) Notice of judgment sent to judgment debtor shall specify that a
36 failure to satisfy a judgment may subject the debtor to any one or
37 combination of the following actions:
38 1. garnishment of wage;
39 2. garnishment of bank account;
40 3. a lien on personal property;
41 4. seizure and sale of real property;
42 5. seizure and sale of personal property, including automobiles;
43 6. suspension of motor vehicle license and registration, if claim is
44 based on defendant's ownership or operation of a motor vehicle;
45 7. revocation, suspension, or denial of renewal of any applicable
46 business license or permit;
47 8. investigation and prosecution by the attorney general for fraudu-
48 lent or illegal business practices; [and]
49 9. a penalty equal to three times the amount of the unsatisfied judg-
50 ment plus attorney's fees, if there are other unpaid claims[.]; AND
51 10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
52 (b) Notice of judgment sent to judgment creditor shall contain but not
53 be limited to the following information:
54 1. the claimant's right to payment within thirty days following the
55 debtor's receipt of the judgment notice;
A. 8441 3
1 2. the procedures for use of section eighteen hundred twelve of this
2 article concerning the identification of assets of the judgment debtor
3 including the use of information subpoenas, access to consumer credit
4 reports and the role of sheriffs and marshals, and actions to collect
5 three times the judgment award and attorney's fees if there are two
6 other unsatisfied claims against the debtor;
7 3. the claimant's right to initiate actions to recover the unpaid
8 judgment through the sale of the debtor's real property, or personal
9 property;
10 4. the claimant's right to initiate actions to recover the unpaid
11 judgment through suspension of debtor's motor vehicle license and regis-
12 tration, if claim is based on defendant's ownership or operation of a
13 motor vehicle;
14 5. the claimant's right to notify the appropriate state or local
15 licensing or certifying authority of an unsatisfied judgment as a basis
16 for possible revocation, suspension, or denial of renewal of business
17 license; [and]
18 6. a statement that upon satisfying the judgment, the judgment debtor
19 shall present appropriate proof thereof to the court; [and]
20 7. the claimant's right to notify the attorney general if the debtor
21 is a business and appears to be engaged in fraudulent or illegal busi-
22 ness practices[.]; AND
23 8. THE CLAIMANT'S RIGHT TO INITIATE ACTIONS TO RECOVER THE UNPAID
24 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
25 TO THE TAX LAW.
26 S 3. Subdivisions (a) and (b) of section 1811 of the uniform district
27 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
28 subdivision (b) as amended, paragraph 6 of subdivision (b) as added,
29 paragraph 7 of subdivision (b) as renumbered by chapter 650 of the laws
30 of 1991, are amended to read as follows:
31 (a) Notice of judgment sent to judgment debtor shall specify that a
32 failure to satisfy a judgment may subject the debtor to any one or
33 combination of the following actions:
34 1. garnishment of wage;
35 2. garnishment of bank account;
36 3. a lien on personal property;
37 4. seizure and sale of real property;
38 5. seizure and sale of personal property, including automobiles;
39 6. suspension of motor vehicle license and registration, if claim is
40 based on defendant's ownership or operation of a motor vehicle;
41 7. revocation, suspension, or denial of renewal of any applicable
42 business license or permit;
43 8. investigation and prosecution by the attorney general for fraudu-
44 lent or illegal business practices; [and]
45 9. a penalty equal to three times the amount of the unsatisfied judg-
46 ment plus attorney's fees, if there are other unpaid claims[.]; AND
47 10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
48 (b) Notice of judgment sent to judgment creditor shall contain but not
49 be limited to the following information:
50 1. the claimant's right to payment within thirty days following the
51 debtor's receipt of the judgment notice;
52 2. the procedures for use of section eighteen hundred twelve of this
53 article concerning the identification of assets of the judgment debtor
54 including the use of information subpoenas, access to consumer credit
55 reports and the role of sheriffs and marshals, and actions to collect
A. 8441 4
1 three times the judgment award and attorney's fees if there are two
2 other unsatisfied claims against the debtor;
3 3. the claimant's right to initiate actions to recover the unpaid
4 judgment through the sale of the debtor's real property, or personal
5 property;
6 4. the claimant's right to initiate actions to recover the unpaid
7 judgment through suspension of debtor's motor vehicle license and regis-
8 tration, if claim is based on defendant's ownership or operation of a
9 motor vehicle;
10 5. the claimant's right to notify the appropriate state or local
11 licensing or certifying authority of an unsatisfied judgment as a basis
12 for possible revocation, suspension, or denial of renewal of business
13 license; [and]
14 6. a statement that upon satisfying the judgment, the judgment debtor
15 shall present appropriate proof thereof to the court; [and]
16 7. the claimant's right to notify the attorney general if the debtor
17 is a business and appears to be engaged in fraudulent or illegal busi-
18 ness practices[.]; AND
19 8. THE CLAIMANT'S RIGHT TO INITIATE ACTIONS TO RECOVER THE UNPAID
20 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
21 TO THE TAX LAW.
22 S 4. Subdivisions (a) and (b) of section 1811 of the uniform justice
23 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
24 subdivision (b) as amended, paragraph 6 of subdivision (b) as added,
25 paragraph 7 of subdivision (b) as renumbered by chapter 650 of the laws
26 of 1991, are amended to read as follows:
27 (a) Notice of judgment sent to judgment debtor shall specify that a
28 failure to satisfy a judgment may subject the debtor to any one or
29 combination of the following actions:
30 1. garnishment of wage;
31 2. garnishment of bank account;
32 3. a lien on personal property;
33 4. seizure and sale of real property;
34 5. seizure and sale of personal property, including automobiles;
35 6. suspension of motor vehicle license and registration, if claim is
36 based on defendant's ownership or operation of a motor vehicle;
37 7. revocation, suspension, or denial of renewal of any applicable
38 business license or permit;
39 8. investigation and prosecution by the attorney general for fraudu-
40 lent or illegal business practices; [and]
41 9. a penalty equal to three times the amount of the unsatisfied judg-
42 ment plus attorney's fees, if there are other unpaid claims[.]; AND
43 10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
44 (b) Notice of judgment sent to judgment creditor shall contain but not
45 be limited to the following information:
46 1. the claimant's right to payment within thirty days following the
47 debtor's receipt of the judgment notice;
48 2. the procedures for use of section eighteen hundred twelve of this
49 article concerning the identification of assets of the judgment debtor
50 including the use of information subpoenas, access to consumer credit
51 reports and the role of sheriffs and marshals, and actions to collect
52 three times the judgment award and attorney's fees if there are two
53 other unsatisfied claims against the debtor;
54 3. the claimant's right to initiate actions to recover the unpaid
55 judgment through the sale of the debtor's real property, or personal
56 property;
A. 8441 5
1 4. the claimant's right to initiate actions to recover the unpaid
2 judgment through suspension of debtor's motor vehicle license and regis-
3 tration, if claim is based on defendant's ownership or operation of a
4 motor vehicle;
5 5. the claimant's right to notify the appropriate state or local
6 licensing or certifying authority of an unsatisfied judgment as a basis
7 for possible revocation, suspension, or denial of renewal of business
8 license; [and]
9 6. a statement that upon satisfying the judgment, the judgment debtor
10 shall present appropriate proof thereof to the court; [and]
11 7. the claimant's right to notify the attorney general if the debtor
12 is a business and appears to be engaged in fraudulent or illegal busi-
13 ness practices[.]; AND
14 8. THE CLAIMANT'S RIGHT TO INITIATE ACTIONS TO RECOVER THE UNPAID
15 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
16 TO THE TAX LAW.
17 S 5. The tax law is amended by adding a new section 171-w to read as
18 follows:
19 S 171-W. INTERCEPTION OF INCOME TAX REFUND IN SATISFACTION OF SMALL
20 CLAIMS JUDGMENT. THE COMMISSIONER, ON BEHALF OF THE DEPARTMENT, SHALL
21 ENTER INTO A WRITTEN AGREEMENT WITH THE CHIEF ADMINISTRATOR OF THE
22 COURTS, WHICH SHALL SET FORTH THE PROCEDURES FOR THE INTERCEPTION OF ANY
23 INCOME TAX REFUND OWED TO ANY SMALL CLAIMS JUDGMENT DEBTOR, INCLUDING
24 PENALTIES AND ATTORNEY'S FEES THAT ARE PROVIDED FOR PURSUANT TO PARA-
25 GRAPH 9 OF SUBDIVISION (A) OF SECTION 1811 OF THE NEW YORK CITY CIVIL
26 COURT ACT, THE UNIFORM CIVIL COURT ACT, THE UNIFORM DISTRICT COURT ACT
27 AND THE UNIFORM JUSTICE COURT ACT, AND PAYMENT OF SUCH REFUND TO THE
28 SMALL CLAIMS JUDGMENT CREDITOR WHO FILES AN APPROPRIATE NOTICE WITH THE
29 COMMISSIONER AS AN ACTION TO RECOVER SUCH JUDGMENT PURSUANT TO SUBDIVI-
30 SION (B) OF SECTION EIGHTEEN HUNDRED ELEVEN OF THE NEW YORK CITY CIVIL
31 COURT ACT, SUBDIVISION (B) OF SECTION EIGHTEEN HUNDRED ELEVEN OF THE
32 UNIFORM CITY COURT ACT, SUBDIVISION (B) OF SECTION EIGHTEEN HUNDRED
33 ELEVEN OF THE UNIFORM DISTRICT COURT ACT OR SUBDIVISION (B) OF SECTION
34 EIGHTEEN HUNDRED ELEVEN OF THE UNIFORM JUSTICE COURT ACT.
35 S 6. This act shall take effect immediately.
