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Assembly Bill A7788

2009-2010 Legislative Session

Requires sheriffs to accept cash, checks and credit cards as payment for personal property sold at public auction to execute a money judgment

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Archive: Last Bill Status - In Assembly Committee

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2009-A7788 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5233, CPLR

2009-A7788 (ACTIVE) - Summary

Requires sheriffs to accept both cash, checks and credit cards as payment for personal property sold at public auction to execute a money judgment.

2009-A7788 (ACTIVE) - Bill Text download pdf 

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

                                  7788

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to requir-
  ing sheriffs to accept cash, certified checks and credit cards for the
  sale of personal property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision (a) of section 5233 of the civil practice law
and rules, such section as renumbered by chapter  315  of  the  laws  of
1962, is amended to read as follows:
  (a)  Public auction.   The interest of the judgment debtor in personal
property obtained by a sheriff pursuant to  execution  or  order,  other
than  legal tender of the United States, shall be sold by the sheriff at
public auction at such time and place and as a unit or in such lots,  or
combination  thereof,  as  in his judgment will bring the highest price,
but no sale may be made to that sheriff or to his deputy  or  undersher-
iff.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE SHERIFF
SHALL ACCEPT CASH, CERTIFIED CHECKS AND CREDIT CARDS AS PAYMENT FOR  THE
PURCHASE  OF  PERSONAL  PROPERTY  SOLD PURSUANT TO THIS SUBDIVISION. The
property shall be present and within the view  of  those  attending  the
sale unless otherwise ordered by the court.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11282-01-9

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