NY State Senate Bill S5110

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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Actions

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

Votes

S5110 (ACTIVE) - Details

See Assembly Version of this Bill:: A7699
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §5231, CPLR

S5110 (ACTIVE) - Summary

Relates to service of income execution upon a judgment debtor.

S5110 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5110

TITLE OF BILL:

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 debtor

PURPOSE:

To clarify and modernize the process of income execution service and
levy upon default or failure to serve judgment debtor

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivisions a, d, e, and j of section
5231 of the civil practice law and rules to clarify the process of
income execution service on judgment debtors by designating the
initial service upon a judgment debtor residing within New York as
"first service". CPLR 5231 (d). In case of default by the resident
judgment debtor or failure to serve such resident judgment debtor, the
subsequent service levying upon the money that such resident judgment
debtor is receiving or will receive is designated "second service".
CPLR 5231(e). Section 1 of the bill also clarifies that second service
shall be made upon a person or entity from whom the resident judgment
debtor is receiving or will receive money. This change more closely

tracks the language in current CPLR 5231(b), which permits the
issuance of an income execution "(w)here a judgment debtor is
receiving or will receive money from any source," and not simply from
a "person" (emphasis added)

Subdivisions e and j of section 5231 of the civil practice law and
rules are amended in Section 1 of the bill to allow for second service
of an income execution upon the person or entity from whom the
judgment debtor is receiving or will receive money in any county in
which the person or entity has an office or place of business.

Section 1 further amends subdivisions a, d, e, and j of section 5231
of the civil practice law and rules for consistency and for the
inclusion of gender neutral language.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:

Section 5231 of the civil practice law and rules (CPLR) currently
allows for the initial service of resident judgment debtors in the
county in which they reside. See CPLR 5231(b), 5231(d). In the event
of default. by such resident judgment debtor or failure to serve such
resident judgment debtor, the sheriff or authorized enforcement
officer shall serve personally within the county the person from whom
such debtor is receiving or will receive money. See CPLR 5231(e).

At present, the statute additionally mandates that service upon a
nonresident judgment debtor be made by serving the debtor's New York
employer in the county the non-resident judgment debtor works See CPLR


5231(b).  The process of income execution service upon a non-resident
debtor would be unchanged by this legislation.

JUSTIFICATION:

The statutory provisions governing the steps to perform an income
execution in CPLR 5231, most of which have been on the books for over
half a century, are in need of clarification and modernization given
current business practices and the overall intent underlying this law.
Specifically, this bill would keep intact the New York resident
judgment debtor's ability to satisfy his or her obligation and
directly pay installments outlined in the income execution. This is
accomplished by "first service" of the income execution on the
judgment debtor by the sheriff or other authorized enforcement
officer. In the event such judgment debtor does not fulfill this
obligation within the twenty days prescribed under CPLR 5231(e), or
the sheriff is unable to serve the income execution on the judgment
debtor, "second service" should be allowed by the enforcement officer
upon a person or entity from whom the judgment debtor is receiving or
will receive money at any office or place of business of that person
or entity.

This second service provision will not prejudice the judgment debtor
who has forfeited the chance to personally satisfy the installments
due pursuant to the income execution by not complying with first
service under. CPLR 5231(d), Once second service has been authorized
by CPLR 5231(e), it is now the person or entity who owes money to the
judgment debtor, and not the judgment debtor, that must be served. It
should not matter if that person or entity is served where the
judgment debtor lives or works, as long as service is made on that
person or entity under the methods prescribed by CPLR 5231(e). In
fact, many employers actually require that income executions be
forwarded to a central office regardless of where the judgment debtor
is employed. Therefore, this legislation would allow the enforcement
officer to make second service, for example, at any of the offices of
the debtor's employer notwithstanding where the debtor is actually
employed.

This legislation would not circumvent one of the central goals of CPLR
5231, which is to afford the judgment debtor the option to pay the
installments due pursuant to the income execution without his or her
employer being made aware of the debt. Rather, these amendments would
ensure that once this option has not been exercised by the judgment
debtor, there is a clean and efficient path for second service of an
income execution on the person or entity who owes money to the
judgment debtor.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

S5110 (ACTIVE) - Bill Text download pdf

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

                                  5110

                       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
  debtor

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

  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.
                                                           LBD10797-01-5

S. 5110                             2

  (e)  Levy  upon  default or failure to serve debtor; SECOND SERVICE BY
SHERIFF. If a judgment debtor fails to pay installments pursuant  to  an
income  execution served upon him OR HER for a period of twenty days, or
if the sheriff is unable to serve an income execution upon the  judgment
debtor  within twenty days after the execution is delivered to the sher-
iff, the sheriff shall levy upon the money that the judgment  debtor  is
receiving  or  will  receive  by serving a copy of the income execution,
indorsed to indicate the extent to which paid installments  have  satis-
fied  the  judgment,  upon  the  person OR ENTITY from whom the judgment
debtor is receiving or will receive money. THE INCOME EXECUTION SHALL BE
SERVED personally within [the] ANY county IN WHICH THE PERSON OR  ENTITY
FROM  WHOM THE JUDGMENT DEBTOR IS RECEIVING OR WILL RECEIVE MONEY HAS AN
OFFICE OR PLACE OF BUSINESS in the same  manner  as  a  summons,  or  by
certified  mail return receipt requested, except that such service shall
not be made by delivery to a person authorized  to  receive  service  of
summons  solely  by  a  designation filed pursuant to a provision of law
other than rule 318.
  (j)  Priority;  delivery  to  another  sheriff.  Two  or  more  income
executions  issued against the same judgment debtor, specifying the same
person OR ENTITY from whom the money is received and  delivered  to  the
same  or  different  enforcement officers shall be satisfied out of that
money in the order in which the executions are delivered to  an  officer
authorized  to  levy  in  the  county,  town or city in which the debtor
resides or,  IN ANY COUNTY IN WHICH THE PERSON OR ENTITY FROM  WHOM  THE
JUDGMENT  DEBTOR  IS  RECEIVING  OR  WILL RECEIVE MONEY HAS AN OFFICE OR
PLACE OF BUSINESS, OR where the judgment debtor is a  non-resident,  the
county,  town  or  city  in  which  he  OR SHE is employed. If an income
execution delivered to a sheriff is returned unsatisfied in whole or  in
part  because  the  sheriff  to  whom it was delivered is unable to find
within the county the person OR ENTITY from whom the judgment debtor  is
receiving  or  will receive money, the execution may be delivered to the
sheriff of any county in which such person [may be found] OR ENTITY  HAS
AN  OFFICE  OR  PLACE OF BUSINESS.   The priority of an income execution
delivered to a sheriff within twenty  days  after  its  return  by  each
previous  sheriff  shall  be  determined  by the time of delivery to the
first sheriff.
  S 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S5110

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

S5110 (ACTIVE) - Details

S5110 (ACTIVE) - Summary

S5110 (ACTIVE) - Sponsor Memo

S5110 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5110

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 16, 2015 - floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules committee Vote

Rules Committee Vote: Jun 16, 2015

S5110 (ACTIVE) - Details

S5110 (ACTIVE) - Summary

S5110 (ACTIVE) - Sponsor Memo

S5110 (ACTIVE) - Bill Text download pdf

Comments