|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 30, 2013||referred to judiciary|
senate Bill S3133
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3133 - Details
S3133 - Summary
Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.
S3133 - Sponsor Memo
BILL NUMBER:S3133 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to increasing penalties for failure to execute and file satis- fied 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 satis- fied 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 receives a satisfied judgment from the court must file a satisfaction of judgment. Most entities such as credit card companies do this as a matter of standard business practice because such satisfactions (or lack
S3133 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3133 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. KRUEGER -- 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 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
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