Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 30, 2019 |
signed chap.214 |
Aug 28, 2019 |
delivered to governor |
Jun 20, 2019 |
returned to senate passed assembly ordered to third reading rules cal.395 substituted for a7500a |
Jun 19, 2019 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1714 |
Jun 07, 2019 |
referred to rules |
Senate Bill S6395
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D, IP, WF) Senate District
(D, WF) 28th Senate District
2019-S6395 (ACTIVE) - Details
2019-S6395 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6395 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to judgment by confession This proposal is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Civil Practice. This measure would amend section 3218 of the Civil Practice Law and Rules to remedy abuses in the use of confessions of judgment by credi- tors against out-of-state debtors. This measure is in response to recent press reports regarding creditors that execute confessions of judgment in New York State even though the associated agreement or debtor have no nexus to the State.* Under the current statute, a confession of judgment is a written and signed statement, in the form of an affidavit, in which a debtor admits liability and agrees to pay the sum confessed as owed to the creditor pursuant to an agreement. A confession of judgment is a legitimate tool that may facilitate commercial transactions, resolve or avoid liti- gation, support collection of moneys owed under an equitable distrib-
2019-S6395 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6395 2019-2020 Regular Sessions I N S E N A T E June 7, 2019 ___________ Introduced by Sen. HOYLMAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to judg- ment by confession THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (a) and subdivision (b) of section 3218 of the civil practice law and rules, paragraph 1 of subdi- vision (a) as amended by chapter 311 of the laws of 1963, are amended to read as follows: 1. stating the sum for which judgment may be entered, authorizing the entry of judgment, and stating the county where the defendant resides [or if he is a non-resident, the county in which entry is authorized]; (b) Entry of judgment. At any time within three years after the affi- davit is executed, it may be filed, BUT ONLY with the clerk of the coun- ty where the [defendant] DEFENDANT'S AFFIDAVIT stated [in his affidavit that he] THAT THE DEFENDANT resided when it was executed or[, if the defendant was then a non-resident, with the clerk of the county desig- nated in the affidavit] WHERE THE DEFENDANT RESIDED AT THE TIME OF FILING. [Thereupon the] THE clerk shall THEN enter a judgment in the supreme court for the sum confessed. [He] THE CLERK shall tax costs [to] IN the amount of fifteen dollars, besides disbursements taxable in an action. The judgment may be docketed and enforced in the same manner and with the same effect as a judgment in an action in the supreme court. No judgment by confession may be entered after the defendant's death. FOR PURPOSES OF THIS SECTION, A NON-NATURAL PERSON RESIDES IN ANY COUNTY WHERE IT HAS A PLACE OF BUSINESS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A GOVERN- MENT AGENCY ENGAGED IN THE ENFORCEMENT OF CIVIL OR CRIMINAL LAW AGAINST EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11359-03-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.