Do you support this bill?

Assembly Bill A6875B

Signed By Governor

2011-2012 Legislative Session

Establishes guidelines for information subpoenas

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S4530 - Signed by Governor

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

Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A6875 - Details

See Senate Version of this Bill:
S4530
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L

2011-A6875 - Summary

Establishes guidelines for information subpoenas.

2011-A6875 - Bill Text download pdf 

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

                                  6875

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT to amend the civil practice law and rules, in relation to estab-
  lishing guidelines for information subpoenas

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

  Section  1.  Paragraph  3 of subdivision (a) of rule 5224 of the civil
practice law and rules, as amended by chapter 452 of the  laws  of  2006
and the opening paragraph as amended by chapter 552 of the laws of 2006,
is amended to read as follows:
  3.  an  information  subpoena,  accompanied  by a copy and original of
written questions and a prepaid, addressed return envelope.  Service  of
an  information  subpoena  may  be made by registered or certified mail,
return receipt requested. EACH INFORMATION SUBPOENA SHALL BE  SEPARATELY
MAILED.  Answers  shall be made in writing under oath by the person upon
whom served, if an individual, or by  an  officer,  director,  agent  or
employee  having  the information, if a corporation, partnership or sole
proprietorship. Each question shall be answered separately and fully and
each answer shall refer to the question to which  it  responds.  Answers
shall  be  returned  together  with the original of the questions within
seven days after receipt. Where the person serving  the  subpoena  is  a
judgment  creditor,  other  than  where  the state, a municipality or an
agency or officer of the state or a municipality is the judgment  credi-
tor, the following additional rules shall apply:
  (i)  information  subpoenas,  served  on an individual or entity other
than the judgment debtor, may be served on an  individual,  corporation,
partnership  or sole proprietorship only if the judgment creditor or the
judgment creditor's attorney has a  reasonable  belief  that  the  party
receiving  the  subpoena  has  in their possession information about the
debtor that will assist the creditor in collecting his or her  judgment.
Any  information  subpoena  served  pursuant  to this subparagraph shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10417-01-1

co-Sponsors

multi-Sponsors

2011-A6875A - Details

See Senate Version of this Bill:
S4530
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L

2011-A6875A - Summary

Establishes guidelines for information subpoenas.

2011-A6875A - Bill Text download pdf 

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

                                 6875--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of A. LENTOL, SCHROEDER, LUPARDO, CERETTO, P. LOPEZ,
  ZEBROWSKI -- Multi-Sponsored by -- M. of A. McENENY, RA --  read  once
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the civil practice law and rules and the general busi-
  ness law, in relation to prohibited debt collection practices

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

  Section 1.  Subparagraph (i) of paragraph 3 of subdivision (a) of rule
5224  of  the civil practice law and rules, as amended by chapter 452 of
the laws of 2006, the opening paragraph as amended by chapter 552 of the
laws of 2006, is amended to read as follows:
  (i) information subpoenas, served on an  individual  or  entity  other
than  the  judgment debtor, may be served on an individual, corporation,
partnership or sole proprietorship only if the judgment creditor or  the
judgment  creditor's  attorney  has  a  reasonable belief that the party
receiving the subpoena has in their  possession  information  about  the
debtor  that will assist the creditor in collecting his or her judgment.
Any information subpoena served  pursuant  to  this  subparagraph  shall
contain  a  certification  signed by the judgment creditor or his or her
attorney stating the following: I HEREBY CERTIFY THAT  THIS  INFORMATION
SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND
SECTION  601 OF THE GENERAL BUSINESS LAW THAT I HAVE A REASONABLE BELIEF
THAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION  INFORMA-
TION  ABOUT  THE  DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING THE
JUDGMENT. By signing the certification, the judgment creditor or  attor-
ney  certifies that, to the best of that person's knowledge, information
and belief, formed after an inquiry reasonable under the  circumstances,
that the individual or entity receiving the subpoena has relevant infor-
mation about the debtor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10417-04-1

co-Sponsors

multi-Sponsors

2011-A6875B (ACTIVE) - Details

See Senate Version of this Bill:
S4530
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L

2011-A6875B (ACTIVE) - Summary

Establishes guidelines for information subpoenas.

2011-A6875B (ACTIVE) - Bill Text download pdf 

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

                                 6875--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of A. LENTOL, SCHROEDER, LUPARDO, CERETTO, P. LOPEZ,
  ZEBROWSKI -- Multi-Sponsored by -- M. of A. McENENY, RA --  read  once
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  and  referred  to  the  Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

AN  ACT  to amend the civil practice law and rules and the general busi-
  ness law, in relation to prohibited debt collection practices

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

  Section 1.  Subparagraph (i) of paragraph 3 of subdivision (a) of rule
5224  of  the civil practice law and rules, as amended by chapter 452 of
the laws of 2006, the opening paragraph as amended by chapter 552 of the
laws of 2006, is amended to read as follows:
  (i) information subpoenas, served on an  individual  or  entity  other
than  the  judgment debtor, may be served on an individual, corporation,
partnership or sole proprietorship only if the judgment creditor or  the
judgment  creditor's  attorney  has  a  reasonable belief that the party
receiving the subpoena has in their  possession  information  about  the
debtor  that will assist the creditor in collecting his or her judgment.
Any information subpoena served  pursuant  to  this  subparagraph  shall
contain  a  certification  signed by the judgment creditor or his or her
attorney stating the following: I HEREBY CERTIFY THAT  THIS  INFORMATION
SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND
SECTION  601 OF THE GENERAL BUSINESS LAW THAT I HAVE A REASONABLE BELIEF
THAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION  INFORMA-
TION  ABOUT  THE  DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING THE
JUDGMENT. By signing the certification, the judgment creditor or  attor-
ney  certifies that, to the best of that person's knowledge, information
and belief, formed after an inquiry reasonable under the  circumstances,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10417-06-1

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.