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

view actions (10)
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 - 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 - Summary

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

S438 - Sponsor Memo

S438 - Bill Text download pdf

                    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 - 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 - Summary

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

S438A - Sponsor Memo

S438A - Bill 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.

S438B (ACTIVE) - 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) - Summary

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

S438B (ACTIVE) - Sponsor Memo

S438B (ACTIVE) - Bill 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

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