Bill Text: NY S06887 | 2023-2024 | General Assembly | Amended

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Bill Title: Allows for the issuance of information subpoenas on behalf of small claims judgment creditors effective beyond the jurisdictional boundaries of the county where the court is located and adjoining counties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S06887 Detail]

Download: New_York-2023-S06887-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6887--A
            Cal. No. 1248

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 12, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary -- reported
          favorably from said committee, ordered to  first  and  second  report,
          amended  on  second  report,  ordered  to  a  third reading, and to be
          reprinted as amended, retaining its place in the order of third  read-
          ing

        AN  ACT  to  amend  the  New York city civil court act, the uniform city
          court act, the uniform district court  act  and  the  uniform  justice
          court  act,  in  relation  to expanding the available jurisdiction for
          issuing information subpoenas

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision (d) of section 1812 of the New York city civil
     2  court act, as amended by chapter 80 of the laws of 1992, is  amended  to
     3  read as follows:
     4    (d)  Where  a  judgment  has  been entered in a small claims court and
     5  remains unsatisfied, the small claims clerk shall, upon  request,  issue
     6  information  subpoenas,  at  nominal cost, for the judgment creditor and
     7  provide the creditor with  assistance  on  their  preparation  and  use.
     8  Notwithstanding  section twelve hundred one of this act, the court shall
     9  issue such information subpoenas to be served outside the  city  of  New
    10  York  and  outside  a county adjoining such city upon request. The court
    11  shall have the same power as the supreme court to punish a  contempt  of
    12  court committed with respect to an information subpoena.
    13    § 2. Subdivision (d) of section 1812 of the uniform city court act, as
    14  amended  by  chapter  80  of  the  laws  of  1992, is amended to read as
    15  follows:
    16    (d) Where a judgment has been entered in  a  small  claims  court  and
    17  remains  unsatisfied,  the small claims clerk shall, upon request, issue
    18  information subpoenas, at nominal cost, for the  judgment  creditor  and
    19  provide  the  creditor  with  assistance  on  their preparation and use.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11155-02-3
        S. 6887--A                          2

     1  Notwithstanding section twelve hundred one of this act, the court  shall
     2  issue  such  information  subpoenas to be served outside the county upon
     3  request. The court shall have the same power as  the  supreme  court  to
     4  punish  a  contempt  of  court  committed with respect to an information
     5  subpoena.
     6    § 3. Subdivision (d) of section 1812 of  the  uniform  district  court
     7  act, as amended by chapter 80 of the laws of 1992, is amended to read as
     8  follows:
     9    (d)  Where  a  judgment  has  been entered in a small claims court and
    10  remains unsatisfied, the small claims clerk shall, upon  request,  issue
    11  information  subpoenas,  at  nominal cost, for the judgment creditor and
    12  provide the creditor with  assistance  on  their  preparation  and  use.
    13  Notwithstanding  section twelve hundred one of this act, the court shall
    14  issue such information  subpoenas  to  be  served  outside  the  county,
    15  outside  a county adjoining such county and outside the city of New York
    16  upon request. The court shall have the same power as the  supreme  court
    17  to  punish  a contempt of court committed with respect to an information
    18  subpoena.
    19    § 4. Subdivision (d) of section 1812 of the uniform justice court act,
    20  as amended by chapter 650 of the laws of 1991, is  amended  to  read  as
    21  follows:
    22    (d)  Where  a  judgment  has  been entered in a small claims court and
    23  remains unsatisfied, the small claims clerk shall, upon  request,  issue
    24  information  subpoenas,  at  nominal cost, for the judgment creditor and
    25  provide the creditor with  assistance  on  their  preparation  and  use.
    26  Notwithstanding  section twelve hundred one of this act, the court shall
    27  issue such information subpoenas to be served outside  the  county  upon
    28  request.  The  court  shall  have the same power as the supreme court to
    29  punish a contempt of court committed  with  respect  to  an  information
    30  subpoena.
    31    §  5.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.