Bill Text: NY S00438 | 2011-2012 | General Assembly | Amended

New York Senate Bill 438 (Prior Session Legislation)

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

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 1-0)

Status: (Introduced - Dead) 2012-06-21 - RECOMMITTED TO RULES [S00438 Detail]

Download: New_York-2011-S00438-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        438--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes  --  recommitted  to
         the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
         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.
                                                                  LBD01836-03-2