assembly Bill A3416

2013-2014 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 - On Floor Calendar


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 27, 2014 advanced to third reading cal.469
Feb 26, 2014 reported
Feb 04, 2014 reported referred to codes
Jan 08, 2014 referred to judiciary
May 02, 2013 advanced to third reading cal.251
Apr 30, 2013 reported
Mar 12, 2013 reported referred to codes
Jan 25, 2013 referred to judiciary

Co-Sponsors

A3416 (ACTIVE) - Details

See Senate Version of this Bill:
S3133
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A7922, S5219
2011-2012: A1889, S438
2015-2016: A646, S2827
2017-2018: A3510, S3318
2019-2020: A1026, S2719

A3416 (ACTIVE) - Summary

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

A3416 (ACTIVE) - Bill Text download pdf

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

                                  3416

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00915-02-3