Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
Feb 24, 2021 |
referred to codes |
Assembly Bill A5738
2021-2022 Legislative Session
Sponsored By
JOYNER
Archive: Last Bill Status - In Assembly 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
2021-A5738 (ACTIVE) - Details
2021-A5738 (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; provides for the repeal of such provisions upon the expiration thereof.
2021-A5738 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5738 2021-2022 Regular Sessions I N A S S E M B L Y February 24, 2021 ___________ Introduced by M. of A. JOYNER -- read once and referred to the Committee on Codes 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02369-01-1
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