Bill Text: NY S08441 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the issuance and enforcement of certain money judgments against a natural person, the accumulation of interest on certain money judgments against a natural person, and the entry of certain default judgments during the period of the COVID-19 state disaster emergency; and provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-22 - PRINT NUMBER 8441A [S08441 Detail]
Download: New_York-2019-S08441-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8441--A IN SENATE June 3, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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 personal property exemptions; and to prohibit the issuance and enforcement of certain money judgments against a natural person, the accumulation of interest on certain money judgments against a natural person, and the entry of certain default judgments during the period of the COVID-19 state disaster emergency; and provides for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Notwithstanding the provisions of sections 5222, 5230, 2 5232, and 5233 of the civil practice law and rules or any other 3 provision of law to the contrary, no court shall issue, and no judgment 4 creditor, sheriff, marshal or other agent of the judgment creditor shall 5 enforce, a money judgment against a natural person, except where the 6 judgment is for child support, spousal support, maintenance, or alimony, 7 or where the court has, in its discretion, allowed judgment enforcement 8 upon a judgment creditor's emergency application. 9 § 2. Notwithstanding the provisions of section 5004 of the civil prac- 10 tice law and rules and any other provision of law to the contrary, no 11 interest shall accumulate on money judgments against natural persons. 12 § 3. Notwithstanding the provisions of section 3215 of the civil prac- 13 tice law and rules and any other provision of law to the contrary, where 14 the defendant is a natural person, no failure to comply with payment 15 obligations on a stipulation of settlement made after commencement of an 16 action shall be deemed a failure to comply with the stipulation that 17 could serve as a basis for entry of a default judgment. 18 § 4. Section 5205 of the civil practice law and rules is amended by 19 adding a new subdivision (p) to read as follows: 20 (p) One hundred percent of any federal, state, or local government 21 financial assistance made available to individuals in express response EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16481-02-0S. 8441--A 2 1 to a disaster, catastrophe, public health crisis, or similar public 2 emergency are exempt from application to the satisfaction of a money 3 judgment. Such financial assistance includes but is not limited to 4 monies made available under section 2201 of the federal Coronavirus Aid, 5 Relief, and Economic Security Act of 2020 and any other federal, state, 6 or local government financial assistance made available to individuals 7 in express response to the COVID-19 pandemic. 8 § 5. This act shall take effect immediately; provided that sections 9 one, two and three of this act shall expire and be deemed repealed thir- 10 ty days following the end of the state disaster emergency declared by 11 executive order 202 of 2020, as amended.
