Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 22, 2020 |
print number 8441a |
Jun 22, 2020 |
amend (t) and recommit to judiciary |
Jun 03, 2020 |
referred to judiciary |
Senate Bill S8441A
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
Bill Amendments
2019-S8441 - Details
- See Assembly Version of this Bill:
- A11054
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice
- Laws Affected:
- Amd §5205, CPLR
- Versions Introduced in 2021-2022 Legislative Session:
-
S467, A5738
2019-S8441 - 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-S8441 - Sponsor Memo
BILL NUMBER: S8441 SPONSOR: HOYLMAN TITLE OF BILL: An act to prohibit the issuance and enforcement of certain money judg- ments 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 emer- gency; and provides for the repeal of such provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF BILL: To provide New Yorkers with debt relief for the duration of the COVID-19 state of emergency by pausing the issuance and enforcement of money judgments, the accrual of interest on money judgments, and the entry of default judgments. SUMMARY OF SPECIFIC PROVISIONS:
2019-S8441 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8441 I N S E N A T E June 3, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to prohibit the issuance and enforcement of certain money judg- ments 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 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 sheriff or marshal shall enforce, a money judgment against a natural person, except where the judgment is for child support, spousal support, mainte- nance, or alimony, or where the court has, in its discretion, allowed judgment enforcement upon a judgment credit'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. This act shall take effect immediately and shall expire and be deemed repealed thirty days following the end of the state disaster emergency declared by executive order 202 of 2020, as amended. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16481-01-0
2019-S8441A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11054
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice
- Laws Affected:
- Amd §5205, CPLR
- Versions Introduced in 2021-2022 Legislative Session:
-
S467, A5738
2019-S8441A (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-S8441A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8441a SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to personal property exemptions; and to prohibit the issuance and enforce- ment of certain money judgments against a natural person, the accumu- lation 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 PURPOSE OR GENERAL IDEA OF BILL: To provide New Yorkers with debt relief for the duration of the COVID-19 state of emergency by pausing the issuance and enforcement of money judgments, the accrual of interest on money judgments, and the entry of default judgments. SUMMARY OF SPECIFIC PROVISIONS:
2019-S8441A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8441--A I N S E N A T E June 3, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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.