Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to judiciary |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S467
2021-2022 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
2021-S467 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5738
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice
- Laws Affected:
- Amd §5205, CPLR
- Versions Introduced in 2019-2020 Legislative Session:
-
S8441, A11054
2021-S467 (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-S467 (ACTIVE) - Sponsor Memo
BILL NUMBER: S467 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:
2021-S467 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 467 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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
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