senate Bill S438B

2011-2012 Legislative Session

Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with proper clerk

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 recommitted to rules
Jun 12, 2012 amended on third reading (t) 438b
Jun 12, 2012 ordered to third reading cal.1162
reported and committed to rules
Jun 05, 2012 reported and committed to finance
May 23, 2012 print number 438a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 05, 2011 referred to codes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S438 - Bill Details

See Assembly Version of this Bill:
A1889B
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S5219, A7922

S438 - Bill Texts

view summary

Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.

view sponsor memo
BILL NUMBER:S438

TITLE OF BILL:

An act
to amend the civil practice law and rules, in relation to increasing
penalties for failure to execute and file satisfied judgments with the
court clerk

PURPOSE:

This bill would raise the fine (from $100 to $1000) on people who do
not execute and file satisfied judgments with the court clerk. The
goal is to encourage individuals to file so that it will be less
likely that someone will have false strikes on their credit report.

SUMMARY OF PROVISIONS:

Section one amends subdivision (c) of section 5020 of the civil
practice law a rules to raise the fine for failing to execute and
file a satisfied judgment with the proper clerk from one hundred to
one thousand dollars.

Section two sets out the effective date.

JUSTIFICATION:

This bill amends the Civil Practice Law and Rules and affects every
civil judgment.
Under current law, an individual who receives a satisfied judgement
from the court must file a satisfaction of judgment. Most entities
such as credit card companies do this as a matter of standard
business practice because such satisfactions (or lack thereat) are
picked up by credit bureaus. If the entity does not file a
satisfaction (even if they got one) and the credit bureau picks it
up, then the credit rating of the individual involved in the dispute
is affected.

At issue now is the fact that the judgments in housing court and
elsewhere are starting to be picked up by credit rating agencies.
However, many landlords often fail to file a satisfaction of judgment
and so judgments can end up on a tenant's credit report as unpaid,
even if that is not true. This bad credit rating disproportionately
affects low income citizens because it means that they must pay more
for things such as credit cards, car loans and mortgages.

This legislation will most likely affect housing disputes since most
other businesses automatically file a satisfaction of judgment. The
goal is to increase tines and therefore give landlords and other
entities a greater incentive to remember to file satisfactions of
judgment. This will result in a decrease in the number of individuals
whose credit ratings are affected by a claimant's failure to file a
satisfaction of judgment.

LEGISLATIVE HISTORY:a


S.5219 - A.7922 Rosenthal

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall become a law.

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

                                   438

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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.
                                                           LBD01836-01-1

S438A - Bill Details

See Assembly Version of this Bill:
A1889B
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S5219, A7922

S438A - Bill Texts

view summary

Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.

view sponsor memo
BILL NUMBER:S438A

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to increasing
penalties for failure to execute and file satisfied judgments with the
court clerk

PURPOSE OR GENERAL IDEA OF BILL:
This bill would raise the fine (from $100 to $500) on people who
do not execute and file satisfied
judgments with the court clerk. The goal is to encourage individuals
to file so that it will be less likely that someone will have false
strikes on their credit report.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision (c) of
section 5020 of the civil practice law and rules to raise the fine
for failing to execute and file a satisfied judgment with the proper
clerk from one hundred to one thousand dollars.

Section two sets out the effective date.

JUSTIFICATION:
This bill amends Civil Practice Law and Rules and
affects every civil judgment. Under current law, an individual who
receives a satisfied judgment from the court must file a satisfaction
of judgment. Most entities such as credit card companies do this as a
matter of standard business practice because such satisfactions (or
lack thereof) are picked up by credit bureaus. If the entity does not
file a satisfaction (even if they got one) and the credit bureau
picks it up, then the credit rating of the individual involved in the
dispute is affected.

At issue now is the fact that judgments in housing court and elsewhere
are starting to be picked up by credit rating agencies. However, many
landlords often fail to file a satisfaction of judgment and so
judgments can end up on a tenant's credit report as unpaid, even if
that is not true. This bad credit rating disproportionately affects
low-income citizens because it means that they must pay more for
things such as credit cards, car loans and mortgages.

This legislation will most likely affect housing disputes since most
other businesses automatically file a satisfaction of judgment. The
goal is to increase fines and therefore give landlords and other
entities a greater incentive to remember to file satisfactions of
judgment. This will result in a decrease in the number of individuals
whose credit ratings are affected by a claimant's failure to file a
satisfaction of judgment.

PRIOR LEGISLATIVE HISTORY:
A.7922 of 2010

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 438--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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] FIVE hundred 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 eigh-
teen of either the New York City civil court act, uniform district court
act or uniform city court act;  provided,  however,  that  such  penalty
shall  not be recoverable when a city with a population greater than one
million persons is the judgment creditor, unless such judgment  creditor
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.
                                                           LBD01836-03-2

S438B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1889B
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S5219, A7922

S438B (ACTIVE) - Bill Texts

view summary

Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.

view sponsor memo
BILL NUMBER:S438B

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to increasing
penalties for failure to execute and file satisfied judgments of $5,000
or more with the court clerk

PURPOSE OR GENERAL IDEA OF BILL:
This bill would increase the
statutory damages (from $100 to $500) on creditors who do not execute
and file satisfied judgments with the court clerk for judgments in
excess of $5,000. The goal is to encourage individuals to file so
that it will be less likely that someone will have false strikes on
their credit report.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends
subdivision (e) of
section 5020 of the civil practice law and rules to raise the fine
for failing to execute and file a satisfied judgment with the proper
clerk from one hundred to one thousand dollars.

Section two sets out the effective date.

JUSTIFICATION:
This bill amends Civil Practice Law and Rules and
affects every civil judgment. Under current law, an individual who
receives a satisfied judgment from the court must file a satisfaction
of judgment. Most entities such as credit card companies do this as a
matter of standard business practice because such satisfactions (or
lack thereof) are picked up by credit bureaus. If the entity does not
file a satisfaction (even if they got one) and the credit bureau
picks it up, then the credit rating of the individual involved in the
dispute is affected.

At issue now is the fact that judgments in housing court and elsewhere
are starting to be picked up by credit rating agencies. However, many
landlords often fail to file a satisfaction of judgment and so
judgments can end up on a tenant's credit report as unpaid, even if
that is not true. This bad credit rating disproportionately affects
low-income citizens because it means that they must pay more for
things such as credit cards, car loans and mortgages.

This legislation will most likely affect housing disputes since most
other businesses automatically file a satisfaction of judgment. The
goal is to increase fines and therefore give landlords and other
entities a greater incentive to remember to file satisfactions of
judgment. This will result in a decrease in the number of individuals
whose credit ratings are affected by a claimant's failure to file a
satisfaction of judgment.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the one
hundred
eightieth day after it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 438--B
    Cal. No. 1162

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee  and  committed  to the Committee on Finance -- reported favorably
  from said committee and committed to the Committee on Rules -- ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
  increasing  penalties  for failure to execute and file satisfied judg-
  ments of $5,000 or more 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] A judgment FOR LESS THAN FIVE THOUSAND DOLLARS 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 satis-
faction, then the judgment creditor shall be subject to a penalty of one
hundred  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.
WHEN A JUDGMENT FOR FIVE THOUSAND DOLLARS OR MORE IS FULLY SATISFIED, IF
THE  PERSON  REQUIRED TO EXECUTE AND FILE WITH THE PROPER CLERK PURSUANT
TO SUBDIVISIONS (A) AND (D) OF THIS SECTION FAILS OR REFUSES  TO  DO  SO
WITHIN  TWENTY DAYS AFTER RECEIVING FULL SATISFACTION, THEN THE JUDGMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01836-07-2

S. 438--B                           2

CREDITOR SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS RECOVERA-
BLE BY THE JUDGMENT DEBTOR PURSUANT TO 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 [penalty] PENALTIES shall not be  recovera-
ble  when  a  city with a population greater than one million persons is
the judgment creditor, unless  such  judgment  creditor  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.

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