assembly Bill A1026

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via S2719 - 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 (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 07, 2020 signed chap.227
Sep 25, 2020 delivered to governor
Jul 22, 2020 returned to senate
passed assembly
ordered to third reading cal.47
substituted for a1026
Feb 25, 2020 referred to codes
delivered to assembly
passed senate
Jan 21, 2020 advanced to third reading
Jan 15, 2020 2nd report cal.
Jan 14, 2020 1st report cal.142
Jan 08, 2020 referred to judiciary
returned to senate
died in assembly
May 13, 2019 ordered to third reading cal.276
substituted for a1026
Jul 22, 2020 substituted by s2719
Jan 08, 2020 ordered to third reading cal.47
May 13, 2019 substituted by s2719
May 09, 2019 advanced to third reading cal.276
May 07, 2019 reported
Apr 08, 2019 reported referred to codes
Jan 14, 2019 referred to judiciary

Votes

view votes

Jan 14, 2020 - Judiciary committee Vote

S2719
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 30, 2019 - Judiciary committee Vote

S2719
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

A1026 (ACTIVE) - Details

See Senate Version of this Bill:
S2719
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
2017-2018: A3510, S3318

A1026 (ACTIVE) - Summary

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

A1026 (ACTIVE) - Bill Text download pdf


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

                                  1026

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of A. L. ROSENTHAL, PERRY, WEPRIN, SEAWRIGHT -- 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.