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Assembly Bill A7922

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2009-A7922 (ACTIVE) - Details

See Senate Version of this Bill:
S5219
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5020, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A1889, S438
2013-2014: A3416, S3133
2015-2016: A646, S2827
2017-2018: A3510, S3318
2019-2020: A1026, S2719

2009-A7922 (ACTIVE) - Summary

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

2009-A7922 (ACTIVE) - Bill Text download pdf 

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

                                  7922

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
  SPANO, MILLMAN -- Multi-Sponsored by  --  M.  of  A.  COOK,  DINOWITZ,
  GLICK, GOTTFRIED -- read once and referred to the Committee on Judici-
  ary

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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