senate Bill S4530B

Signed By Governor
2011-2012 Legislative Session

Establishes guidelines for information subpoenas

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.342
Jul 22, 2011 delivered to governor
Jun 22, 2011 returned to senate
passed assembly
ordered to third reading rules cal.573
substituted for a6875b
referred to codes
Jun 20, 2011 returned to assembly
repassed senate
Jun 17, 2011 amended on third reading 4530b
vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Jun 17, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 amended on third reading (t) 4530a
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.915
Apr 11, 2011 referred to judiciary

Votes

view votes

Jun 1, 2011 - Judiciary committee Vote

S4530
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Co-Sponsors

S4530 - Details

See Assembly Version of this Bill:
A6875B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A6875A

S4530 - Summary

Establishes guidelines for information subpoenas.

S4530 - Sponsor Memo

S4530 - Bill Text download pdf

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

                                  4530

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by  Sens.  SALAND, FARLEY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

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

S4530A - Details

See Assembly Version of this Bill:
A6875B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A6875A

S4530A - Summary

Establishes guidelines for information subpoenas.

S4530A - Sponsor Memo

S4530A - Bill Text download pdf

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

                                 4530--A
    Cal. No. 915

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by  Sens.  SALAND,  FARLEY, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  reported  favorably from said committee, ordered to first and
  second report,  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 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.

Co-Sponsors

S4530B (ACTIVE) - Details

See Assembly Version of this Bill:
A6875B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R5224, CPLR; amd §§601 & 602, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A6875A

S4530B (ACTIVE) - Summary

Establishes guidelines for information subpoenas.

S4530B (ACTIVE) - Sponsor Memo

S4530B (ACTIVE) - Bill Text download pdf

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

                                 4530--B
    Cal. No. 915

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 11, 2011
                               ___________

Introduced  by  Sens.  SALAND,  FARLEY, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  reported  favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to 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 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

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

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