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Assembly Bill A1889B

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 Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A1889 - Details

See Senate Version of this Bill:
S438
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A7922, S5219
2013-2014: A3416, S3133
2015-2016: A646, S2827
2017-2018: A3510, S3318
2019-2020: A1026, S2719

2011-A1889 - Summary

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

2011-A1889 - Bill Text download pdf 

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

                                  1889

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

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.
                                                           LBD01836-01-1

co-Sponsors

multi-Sponsors

2011-A1889A - Details

See Senate Version of this Bill:
S438
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A7922, S5219
2013-2014: A3416, S3133
2015-2016: A646, S2827
2017-2018: A3510, S3318
2019-2020: A1026, S2719

2011-A1889A - Summary

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

2011-A1889A - Bill Text download pdf 

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

                                 1889--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
  MILLMAN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GLICK, GOTT-
  FRIED -- read once and referred  to  the  Committee  on  Judiciary  --
  recommitted  to the Committee on Judiciary in accordance with Assembly
  Rule  3,  sec.  2  --  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.
                                                           LBD01836-02-2

co-Sponsors

multi-Sponsors

2011-A1889B (ACTIVE) - Details

See Senate Version of this Bill:
S438
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A7922, S5219
2013-2014: A3416, S3133
2015-2016: A646, S2827
2017-2018: A3510, S3318
2019-2020: A1026, S2719

2011-A1889B (ACTIVE) - Summary

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

2011-A1889B (ACTIVE) - Bill Text download pdf 

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

                                 1889--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
  MILLMAN -- Multi-Sponsored by -- M. of A. COOK, DINOWITZ, GLICK, GOTT-
  FRIED -- read once and referred  to  the  Committee  on  Judiciary  --
  recommitted  to the Committee on Judiciary in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported 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, 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
CREDITOR SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS RECOVERA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01836-06-2

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