senate Bill S5219

2009-2010 Legislative Session

Increases penalties for failure to execute and file satisfied judgments with clerk

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Apr 27, 2009 referred to codes

S5219 (ACTIVE) - Details

See Assembly Version of this Bill:
A7922
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5020, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S438, A1889
2013-2014: S3133, A3416
2015-2016: S2827, A646
2017-2018: S3318, A3510
2019-2020: S2719, A1026

S5219 (ACTIVE) - Summary

Increases penalties for failure to execute and file satisfied judgments with clerk; $100 to $1000.

S5219 (ACTIVE) - Sponsor Memo

S5219 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5219

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:

  Section  1.  Subdivision (c) of section 5020 of the civil practice law
and rules, as amended by chapter 575 of the laws of 1975, is amended  to
read as follows:
  (c)  When  the  judgment is fully satisfied, if the person required to
execute and file with the proper clerk pursuant to subdivisions (a)  and
(d)  [hereof]  OF  THIS  SECTION fails or refuses to do so within twenty
days after receiving full satisfaction, then the judgment creditor shall
be subject to a penalty of one [hundred] THOUSAND dollars recoverable by
the judgment debtor pursuant to [Section 7202 of the civil practice  law
and  rules]  SECTION  SEVENTY-TWO HUNDRED TWO OF THIS CHAPTER or article
eighteen of either the New York City civil court act,  uniform  district
court act or uniform city court act; provided, however, that such penal-
ty  shall  not be recoverable when a city with a population greater than
one million persons is the judgment creditor, unless such judgment cred-
itor shall fail to execute and file a satisfaction-piece with the proper
clerk pursuant to subdivisions (a) and  (d)  [hereof]  OF  THIS  SECTION
within  twenty days after having been served by the judgment debtor with
a written demand therefor by certified mail, return receipt requested.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09214-01-9

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