Senate Bill S10388

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10388
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  defin-
   ing satisfaction of judgment and authorizing satisfactions to be filed
   on affirmation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5020 of  the  civil  practice  law  and  rules,  as
 amended  by chapter 1051 of the laws of 1969, subdivision (a) as amended
 by chapter 148 of the laws of 1979, subdivision (b) as amended by  chap-
 ter 41 of the laws of 1977, subdivision (c) as amended by chapter 227 of
 the  laws  of  2020,  and subdivision (d) as added by chapter 601 of the
 laws of 1974, is amended to read as follows:
   § 5020. Satisfaction-piece. (a) AS USED  IN  THIS  SECTION,  THE  TERM
 "SATISFACTION"  SHALL  MEAN  (I)  THE  RECEIPT AND CLEARANCE OF FUNDS IN
 SATISFACTION OF A JUDGMENT BY THE JUDGMENT CREDITOR OR THE ATTORNEY  FOR
 THE  JUDGMENT  CREDITOR, OR (II) RECEIPT BY THE JUDGMENT CREDITOR OR THE
 ATTORNEY FOR THE JUDGMENT CREDITOR OF NOTICE FROM A SHERIFF THAT A JUDG-
 MENT IS SATISFIED.
   (B) Generally. When a person entitled to enforce a  judgment  receives
 satisfaction  or  partial satisfaction of the judgment, [he] SUCH PERSON
 shall execute and file with the proper clerk pursuant to subdivision (a)
 of section 5021,  a  satisfaction-piece  or  partial  satisfaction-piece
 [acknowledged  in  the  form  required to entitle a deed to be recorded]
 AFFIRMED CONSISTENTLY WITH RULE 2106, which shall set forth the book and
 page where the judgment is docketed. A copy of the satisfaction-piece or
 partial satisfaction-piece filed with the clerk shall be mailed  to  the
 judgment  debtor  by  the person entitled to enforce the judgment within
 ten days after the date of filing.
   [(b)] (C) Attorney of record. Within  [ten]  TWENTY  years  after  the
 entry  of a judgment the attorney of record or the attorney named on the
 docket for the judgment creditor may execute a satisfaction-piece  or  a
 partial  satisfaction-piece,  but if [his] SUCH ATTORNEY'S authority was
 revoked before  it  was  executed,  the  judgment  may  nevertheless  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14386-03-6
 S. 10388                            2
 
 enforced against a person who had actual notice of the revocation before
 a payment on the judgment was made or a purchase of property bound by it
 was effected.
   [(c)] (D) When a judgment for less than five thousand dollars is fully
 satisfied,  if  the  person required to execute and file with the proper
 clerk pursuant to subdivisions [(a) and (d)] (B) AND (E) of this section
 fails or refuses to do so within twenty BUSINESS  days  after  receiving
 full  satisfaction,  then  the  judgment  creditor shall be subject to a
 penalty of one hundred dollars recoverable by the judgment debtor pursu-
 ant to section [seventy-two hundred two of this chapter] 7202 or article
 eighteen of either the New York [City] CITY  civil  court  act,  uniform
 district  court  act or uniform city court act. When a judgment for five
 thousand dollars or more is fully satisfied, if the person  required  to
 execute and file with the proper clerk pursuant to subdivisions [(a) and
 (d)] (B) AND (E) of this section fails or refuses to do so within twenty
 BUSINESS days after receiving full satisfaction, then the judgment cred-
 itor  shall  be subject to a penalty of five hundred dollars recoverable
 by the judgment debtor pursuant to section [seventy-two hundred  two  of
 this chapter] 7202 or article eighteen of either the New York city civil
 court  act,  uniform  district  court  act  or  uniform  city court act;
 provided, however, that such penalties shall not be recoverable  when  a
 city  with a population greater than one million persons is the judgment
 creditor, unless such judgment creditor shall fail to execute and file a
 satisfaction-piece with the proper clerk pursuant to  subdivisions  [(a)
 and  (d)]  (B) AND (E) of this section within twenty BUSINESS days after
 having been served by the judgment debtor with a written demand therefor
 by certified mail, return receipt requested.
   [(d)] (E) Where a transcript of the docket  of  a  judgment  has  been
 docketed in any other county of the state pursuant to subdivision (a) of
 section  5018,  the  person required to execute and file with the proper
 clerk pursuant to subdivision [(a) hereof] (B) OF  THIS  SECTION  shall,
 upon receiving full satisfaction, file a certificate of the clerk of the
 county in which the judgment was entered, in accordance with subdivision
 (c) of section 5021, with the clerks of all other counties in which such
 judgment has been docketed.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.