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Assembly Bill A3510

2017-2018 Legislative Session

Relates to increasing penalties for failure to execute and file satisfied judgments of $5,000 or more with proper clerk

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Archive: Last Bill Status - On Floor Calendar

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2017-A3510 (ACTIVE) - Details

See Senate Version of this Bill:
S3318
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5020, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A7922, S5219
2011-2012: A1889, S438
2013-2014: A3416, S3133
2015-2016: A646, S2827
2019-2020: A1026, S2719

2017-A3510 (ACTIVE) - Summary

Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.

2017-A3510 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3510
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  PERRY,  WEPRIN  -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
   increasing  penalties  for failure to execute and file satisfied judg-
   ments of $5,000 or more with the court clerk

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (c) of section 5020 of the civil practice law
 and rules, as amended by chapter 575 of the laws of 1975, is amended  to
 read as follows:
   (c) When [the] A judgment FOR LESS THAN FIVE THOUSAND DOLLARS is fully
 satisfied,  if  the  person required to execute and file with the proper
 clerk pursuant to subdivisions (a) and  (d)  [hereof]  OF  THIS  SECTION
 fails or refuses to do so within twenty days after receiving full satis-
 faction, then the judgment creditor shall be subject to a penalty of one
 hundred  dollars recoverable by the judgment debtor pursuant to [Section
 7202 of the civil practice law and rules]  SECTION  SEVENTY-TWO  HUNDRED
 TWO  OF  THIS  CHAPTER  or  article eighteen of either the New York City
 civil court act, uniform district court act or uniform city  court  act.
 WHEN A JUDGMENT FOR FIVE THOUSAND DOLLARS OR MORE IS FULLY SATISFIED, IF
 THE  PERSON  REQUIRED TO EXECUTE AND FILE WITH THE PROPER CLERK PURSUANT
 TO SUBDIVISIONS (A) AND (D) OF THIS SECTION FAILS OR REFUSES  TO  DO  SO
 WITHIN  TWENTY DAYS AFTER RECEIVING FULL SATISFACTION, THEN THE JUDGMENT
 CREDITOR SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS RECOVERA-
 BLE BY THE JUDGMENT DEBTOR PURSUANT TO SECTION SEVENTY-TWO  HUNDRED  TWO
 OF  THIS  CHAPTER  OR ARTICLE EIGHTEEN OF EITHER THE NEW YORK CITY CIVIL
 COURT ACT, UNIFORM  DISTRICT  COURT  ACT  OR  UNIFORM  CITY  COURT  ACT;
 provided,  however, that such [penalty] PENALTIES shall not be recovera-
 ble when a city with a population greater than one  million  persons  is
 the  judgment  creditor,  unless  such  judgment  creditor shall fail to
 execute and file a satisfaction-piece with the proper clerk pursuant  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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