Bill Text: NY S05110 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to service of income execution upon a judgment debtor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-12-11 - SIGNED CHAP.550 [S05110 Detail]

Download: New_York-2015-S05110-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5110
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to  income
         execution  service  and levy upon default or failure to serve judgment
         debtor
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions (a), (d), (e) and (j) of section 5231 of the
    2  civil practice law and rules, such section as renumbered by chapter  315
    3  of  the  laws  of 1962, subdivision (a) as amended by chapter 532 of the
    4  laws of 1963, subdivision (d) as amended by chapter 183 of the  laws  of
    5  1990,  subdivision (e) as amended by chapter 88 of the laws of 1975, and
    6  subdivisions (e) and (j) as relettered by chapter 829  of  the  laws  of
    7  1987, are amended to read as follows:
    8    (a)  Form.  An  income  execution  shall  specify,  in addition to the
    9  requirements of subdivision (a) of section 5230, the name and address of
   10  the person OR ENTITY from whom the judgment debtor is receiving or  will
   11  receive money; the amount of money, the frequency of its payment and the
   12  amount  of the installments to be collected therefrom; and shall contain
   13  a notice to the judgment debtor that he OR SHE shall commence payment of
   14  the installments specified to the sheriff forthwith and that,  upon  his
   15  OR  HER  default, the execution will be served upon the person OR ENTITY
   16  from whom he OR SHE is receiving or will receive money.
   17    (d) Service upon debtor; FIRST SERVICE BY SHERIFF.  Within twenty days
   18  after an income execution is delivered to the sheriff, the sheriff shall
   19  serve a copy of it upon the judgment debtor, in the  same  manner  as  a
   20  summons  or, in lieu thereof, by certified mail return receipt requested
   21  provided an additional copy is sent by regular mail to  the  debtor.  If
   22  service  is  by  mail  as  herein provided, the person effecting service
   23  shall retain the receipt together with  a  post  office  certificate  of
   24  mailing as proof of such service.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10797-01-5
       S. 5110                             2
    1    (e)  Levy  upon  default or failure to serve debtor; SECOND SERVICE BY
    2  SHERIFF. If a judgment debtor fails to pay installments pursuant  to  an
    3  income  execution served upon him OR HER for a period of twenty days, or
    4  if the sheriff is unable to serve an income execution upon the  judgment
    5  debtor  within twenty days after the execution is delivered to the sher-
    6  iff, the sheriff shall levy upon the money that the judgment  debtor  is
    7  receiving  or  will  receive  by serving a copy of the income execution,
    8  indorsed to indicate the extent to which paid installments  have  satis-
    9  fied  the  judgment,  upon  the  person OR ENTITY from whom the judgment
   10  debtor is receiving or will receive money. THE INCOME EXECUTION SHALL BE
   11  SERVED personally within [the] ANY county IN WHICH THE PERSON OR  ENTITY
   12  FROM  WHOM THE JUDGMENT DEBTOR IS RECEIVING OR WILL RECEIVE MONEY HAS AN
   13  OFFICE OR PLACE OF BUSINESS in the same  manner  as  a  summons,  or  by
   14  certified  mail return receipt requested, except that such service shall
   15  not be made by delivery to a person authorized  to  receive  service  of
   16  summons  solely  by  a  designation filed pursuant to a provision of law
   17  other than rule 318.
   18    (j)  Priority;  delivery  to  another  sheriff.  Two  or  more  income
   19  executions  issued against the same judgment debtor, specifying the same
   20  person OR ENTITY from whom the money is received and  delivered  to  the
   21  same  or  different  enforcement officers shall be satisfied out of that
   22  money in the order in which the executions are delivered to  an  officer
   23  authorized  to  levy  in  the  county,  town or city in which the debtor
   24  resides or,  IN ANY COUNTY IN WHICH THE PERSON OR ENTITY FROM  WHOM  THE
   25  JUDGMENT  DEBTOR  IS  RECEIVING  OR  WILL RECEIVE MONEY HAS AN OFFICE OR
   26  PLACE OF BUSINESS, OR where the judgment debtor is a  non-resident,  the
   27  county,  town  or  city  in  which  he  OR SHE is employed. If an income
   28  execution delivered to a sheriff is returned unsatisfied in whole or  in
   29  part  because  the  sheriff  to  whom it was delivered is unable to find
   30  within the county the person OR ENTITY from whom the judgment debtor  is
   31  receiving  or  will receive money, the execution may be delivered to the
   32  sheriff of any county in which such person [may be found] OR ENTITY  HAS
   33  AN  OFFICE  OR  PLACE OF BUSINESS.   The priority of an income execution
   34  delivered to a sheriff within twenty  days  after  its  return  by  each
   35  previous  sheriff  shall  be  determined  by the time of delivery to the
   36  first sheriff.
   37    S 2. This act shall take effect immediately.