senate Bill S5734

2013-2014 Legislative Session

Relates to clarifying the geographic scope of restraining notices, subpoenas, turnover orders or judgments, and levies on property by service of execution or similar legal process

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jun 10, 2013 referred to judiciary

S5734 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5222, 5223, 5225, 5227 & 5232, R5224, CPLR L

S5734 - Summary

Relates to clarifying the geographic scope of restraining notices, subpoenas, turnover orders or judgments, and levies on property by service of execution or similar legal process.

S5734 - Sponsor Memo

S5734 - Bill Text download pdf

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

                                  5734

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  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  clari-
  fying the geographic scope of restraining notices, subpoenas, turnover
  orders or judgments, and levies on property by service of execution or
  similar legal process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5222 of the civil practice law and rules is amended
by adding a new subdivision (c-1) to read as follows:
  (C-1) PROPERTY HELD OR DEBTS OR AMOUNTS  PAYABLE  OUTSIDE  THE  UNITED
STATES. A RESTRAINING NOTICE THAT SEEKS TO RESTRAIN ANY PROPERTY HELD OR
DEBT  OR  AMOUNT  PAYABLE OUTSIDE THE UNITED STATES SHALL HAVE NO EFFECT
EXCEPT TO THE EXTENT SUCH RESTRAINING NOTICE IS SERVED UPON THE JUDGMENT
DEBTOR OR OBLIGOR AND OPERATES ONLY ON THE JUDGMENT DEBTOR OR OBLIGOR.
  S 2. Section 5223 of the civil practice law and  rules,  as  added  by
chapter 315 of the laws of 1962, is amended to read as follows:
  S  5223.  Disclosure  REQUIRED.   (A) At any time before a judgment is
satisfied or vacated, the judgment creditor may compel disclosure of all
matter relevant to the satisfaction of the judgment, SUBJECT TO SUBDIVI-
SION (B) OF THIS SECTION, by serving upon any person a  subpoena,  which
shall  specify  all  of the parties to the action, the date of the judg-
ment, the court in which it was entered, the amount of the judgment  and
the  amount  then  due  thereon,  and shall state that false swearing or
failure to comply with the subpoena  is  punishable  as  a  contempt  of
court.
  (B) CONFLICTS WITH FOREIGN LAWS. NO RECIPIENT OF A SUBPOENA AUTHORIZED
BY THIS ARTICLE SHALL BE COMPELLED TO DISCLOSE ANY MATTER PROTECTED FROM
DISCLOSURE BY THE LAW OF A SOVEREIGN OUTSIDE THE UNITED STATES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11383-01-3

S. 5734                             2

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