Assembly Bill A7922

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

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 §5020, 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.