assembly Bill A7699

Signed By Governor
2015-2016 Legislative Session

Relates to service of income execution upon a judgment debtor

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5110 - Signed by Governor

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

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view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 signed chap.550
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.676
substituted for a7699
Jun 18, 2015 substituted by s5110
rules report cal.676
Jun 17, 2015 reported referred to rules
May 22, 2015 referred to codes

A7699 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5231, CPLR

A7699 (ACTIVE) - Summary

Relates to service of income execution upon a judgment debtor.

A7699 (ACTIVE) - Bill Text download pdf

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


                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the civil practice law and rules, in relation to income
  execution service and levy upon default or failure to  serve  judgment


  Section 1. Subdivisions (a), (d), (e) and (j) of section 5231  of  the
civil  practice law and rules, such section as renumbered by chapter 315
of the laws of 1962, subdivision (a) as amended by chapter  532  of  the
laws  of  1963, subdivision (d) as amended by chapter 183 of the laws of
1990, subdivision (e) as amended by chapter 88 of the laws of 1975,  and
subdivisions  (e)  and  (j)  as relettered by chapter 829 of the laws of
1987, are amended to read as follows:
  (a) Form. An income  execution  shall  specify,  in  addition  to  the
requirements of subdivision (a) of section 5230, the name and address of
the  person OR ENTITY from whom the judgment debtor is receiving or will
receive money; the amount of money, the frequency of its payment and the
amount of the installments to be collected therefrom; and shall  contain
a notice to the judgment debtor that he OR SHE shall commence payment of
the  installments  specified to the sheriff forthwith and that, upon his
OR HER default, the execution will be served upon the person  OR  ENTITY
from whom he OR SHE is receiving or will receive money.
  (d) Service upon debtor; FIRST SERVICE BY SHERIFF.  Within twenty days
after an income execution is delivered to the sheriff, the sheriff shall
serve  a  copy  of  it upon the judgment debtor, in the same manner as a
summons or, in lieu thereof, by certified mail return receipt  requested
provided  an  additional  copy is sent by regular mail to the debtor. If
service is by mail as herein  provided,  the  person  effecting  service
shall  retain  the  receipt  together  with a post office certificate of
mailing as proof of such service.

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