senate Bill S6395

Signed By Governor
2019-2020 Legislative Session

Relates to judgment by confession

download bill text pdf

Sponsored By

Current Bill Status - 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 (11)
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

Co-Sponsors

S6395 (ACTIVE) - Details

See Assembly Version of this Bill:
A7500
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

S6395 (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.

S6395 (ACTIVE) - Sponsor Memo

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

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