|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 03, 2014||referred to judiciary|
senate Bill S6530
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6530 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- New York City Civil Court Act
- Laws Affected:
- Amd §1811, NYC Civ Ct Act; amd §1811, UCCA; amd §1811, UDCA; amd §1811, UJCA; add §171-w, Tax L
S6530 - Sponsor Memo
BILL NUMBER:S6530 TITLE OF BILL: An act to amend the New York city civil court act, the uniform city court act, the uniform district court act, the uniform justice court act and the tax law, in relation to notice of small claims judgments and indexing of unpaid claims PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the interception of income tax refunds to satisfy an outstanding small claims judgment. SUMMARY OF SPECIFIC PROVISIONS: Sections 1-4 amend subdivision(a)of Section 1811 of the New York City Civil Court Act, the Uniform City Court Act, the Uniform District Court Act, and the Uniform Justice Court Act by adding a new paragraph 10 that adds the interception of any income tax refund owed pursuant to the Tax Law to the list of actions that a judgment debtor may be subject to for failure to satisfy a small claims judgment. In addition, these same sections of the bill also amend subdivision (b) of Section 1811 of the same court acts by adding a new paragraph 8 that includes in the notice of judgment sent to small claims judgment creditors the right of a claimant to initiate actions to recover the unpaid judgment through the interception of any income tax refund owed pursuant to the Tax Law. Section 5 amends the Tax Law by adding a new Section 171-w that
S6530 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6530 I N S E N A T E February 3, 2014 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the New York city civil court act, the uniform city court act, the uniform district court act, the uniform justice court act and the tax law, in relation to notice of small claims judgments and indexing of unpaid claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of section 1811 of the New York city civil court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of subdivision (b) as amended, paragraph 6 of subdivision (b) as added, paragraph 7 of subdivision (b) as renumbered by chapter 650 of the laws of 1991, are amended to read as follows: (a) Notice of judgment sent to judgment debtor shall specify that a failure to satisfy a judgment may subject the debtor to any one or combination of the following actions: 1. garnishment of wage; 2. garnishment of bank account; 3. a lien on personal property; 4. seizure and sale of real property; 5. seizure and sale of personal property, including automobiles; 6. suspension of motor vehicle license and registration, if claim is based on defendant's ownership or operation of a motor vehicle; 7. revocation, suspension, or denial of renewal of any applicable business license or permit; 8. investigation and prosecution by the attorney general for fraudu- lent or illegal business practices; [and] 9. a penalty equal to three times the amount of the unsatisfied judg- ment plus attorney's fees, if there are other unpaid claims[.]; AND 10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW. (b) Notice of judgment sent to judgment creditor shall contain but not be limited to the following information: 1. the claimant's right to payment within thirty days following the debtor's receipt of the judgment notice; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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