senate Bill S5110

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 - 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 (12)
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 16, 2015 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1671
committee discharged and committed to rules
May 01, 2015 referred to judiciary

S5110 (ACTIVE) - Details

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

S5110 (ACTIVE) - Summary

Relates to service of income execution upon a judgment debtor.

S5110 (ACTIVE) - Sponsor Memo

S5110 (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  S E N A T E

                               May 1, 2015

Introduced  by  Sen.  LANZA  -- 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  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.


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