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 |
May 23, 2012 |
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 |
Senate Bill S438
2011-2012 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2011-S438 - Details
2011-S438 - 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:
2011-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
2011-S438A - Details
2011-S438A - 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
2011-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.
2011-S438B (ACTIVE) - Details
2011-S438B (ACTIVE) - 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:
2011-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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