assembly Bill A7500A

Signed By Governor
2019-2020 Legislative Session

Relates to judgment by confession

download bill text pdf

Sponsored By

Current Bill Status Via S6395 - 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 (15)
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 20, 2019 substituted by s6395
Jun 17, 2019 ordered to third reading rules cal.395
rules report cal.395
reported
Jun 13, 2019 reported referred to rules
Jun 04, 2019 reported referred to codes
May 30, 2019 print number 7500a
May 30, 2019 amend and recommit to judiciary
May 07, 2019 referred to judiciary

Co-Sponsors

A7500 - Details

See Senate Version of this Bill:
S6395
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

A7500 - Summary

Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

A7500 - Bill Text download pdf


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

                                  7500

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2019
                               ___________

Introduced  by  M. of A. DINOWITZ, NIOU, DenDEKKER -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Judiciary

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
A PERSON OR A NON-NATURAL PERSON MAY FILE AN AFFIDAVIT IN ANY COUNTY.
  § 2. This act shall take effect immediately and apply to judgments  by
confession  entered  upon  affidavits  filed  on or after such effective
date.

Co-Sponsors

view additional co-sponsors

A7500A (ACTIVE) - Details

See Senate Version of this Bill:
S6395
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

A7500A (ACTIVE) - Summary

Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

A7500A (ACTIVE) - Bill Text download pdf


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

                                 7500--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  NIOU, DenDEKKER, WRIGHT, WALLACE,
  SCHIMMINGER -- (at request of the Office of Court  Administration)  --
  read  once  and  referred  to  the Committee on Judiciary -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11359-02-9