Bill Text: NY S08441 | 2019-2020 | General Assembly | Introduced

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

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8441

                    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

        AN ACT to prohibit the issuance and enforcement of certain  money  judg-
          ments  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 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  sheriff
     4  or  marshal  shall  enforce,  a money judgment against a natural person,
     5  except where the judgment is for child support, spousal support, mainte-
     6  nance, or alimony, or where the court has, in  its  discretion,  allowed
     7  judgment enforcement upon a judgment credit's emergency application.
     8    § 2. Notwithstanding the provisions of section 5004 of the civil prac-
     9  tice  law  and  rules and any other provision of law to the contrary, no
    10  interest shall accumulate on money judgments against natural persons.
    11    § 3. Notwithstanding the provisions of section 3215 of the civil prac-
    12  tice law and rules and any other provision of law to the contrary, where
    13  the defendant is a natural person, no failure  to  comply  with  payment
    14  obligations on a stipulation of settlement made after commencement of an
    15  action  shall  be  deemed  a failure to comply with the stipulation that
    16  could serve as a basis for entry of a default judgment.
    17    § 4. This act shall take effect immediately and shall  expire  and  be
    18  deemed  repealed  thirty  days  following  the end of the state disaster
    19  emergency declared by executive order 202 of 2020, as amended.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16481-01-0