Assembly Bill A11054

2019-2020 Legislative Session

Prohibits the issuance and enforcement of certain money judgments, the accumulation of interest on certain money judgments and the entry of certain default judgments during the COVID-19 state emergency

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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2019-A11054 (ACTIVE) - Details

See Senate Version of this Bill:
S8441
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5205, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A5738, S467

2019-A11054 (ACTIVE) - Summary

Prohibits the issuance and enforcement of certain money judgments against a natural person, the accumulation of interest on certain money judgments against a natural person, and the entry of certain default judgments during the period of the COVID-19 state disaster emergency; and provides for the repeal of such provisions upon the expiration thereof.

2019-A11054 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11054
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
   personal  property  exemptions;  and  to  prohibit  the  issuance  and
   enforcement of certain money judgments against a natural  person,  the
   accumulation  of interest on certain money judgments against a natural
   person, and the entry of certain default judgments during  the  period
   of  the COVID-19 state disaster emergency; and provides for the repeal
   of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  the  provisions  of sections 5222, 5230,
 5232, and 5233 of  the  civil  practice  law  and  rules  or  any  other
 provision  of law to the contrary, no court shall issue, and no judgment
 creditor, sheriff, marshal or other agent of the judgment creditor shall
 enforce, a money judgment against a natural  person,  except  where  the
 judgment is for child support, spousal support, maintenance, or alimony,
 or  where the court has, in its discretion, allowed judgment enforcement
 upon a judgment creditor's emergency application.
   § 2. Notwithstanding the provisions of section 5004 of the civil prac-
 tice law and rules and any other provision of law to  the  contrary,  no
 interest shall accumulate on money judgments against natural persons.
   § 3. Notwithstanding the provisions of section 3215 of the civil prac-
 tice law and rules and any other provision of law to the contrary, where
 the  defendant  is  a  natural person, no failure to comply with payment
 obligations on a stipulation of settlement made after commencement of an
 action shall be deemed a failure to comply  with  the  stipulation  that
 could serve as a basis for entry of a default judgment.
   §  4.  Section  5205 of the civil practice law and rules is amended by
 adding a new subdivision (p) to read as follows:
   (P) ONE HUNDRED PERCENT OF ANY FEDERAL,  STATE,  OR  LOCAL  GOVERNMENT
 FINANCIAL  ASSISTANCE  MADE AVAILABLE TO INDIVIDUALS IN EXPRESS RESPONSE
 TO A DISASTER, CATASTROPHE, PUBLIC  HEALTH  CRISIS,  OR  SIMILAR  PUBLIC
 EMERGENCY  ARE  EXEMPT  FROM  APPLICATION TO THE SATISFACTION OF A MONEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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