Legislation

Search OpenLegislation Statutes

This entry was published on 2021-02-05
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5020
Satisfaction-piece
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
§ 5020. Satisfaction-piece. (a) Generally. When a person entitled to
enforce a judgment receives satisfaction or partial satisfaction of the
judgment, he 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, 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) Attorney of record. Within ten 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satisfaction-piece, but if his authority was revoked before it was
executed, the judgment may nevertheless be 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) 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) of this section fails or
refuses to do so within twenty days after receiving full satisfaction,
then the judgment creditor shall be subject to a penalty of one hundred
dollars recoverable by the judgment debtor pursuant to section
seventy-two hundred two of this chapter or article eighteen of either
the New York 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) of this section fails
or refuses to do so within twenty days after receiving full
satisfaction, then the judgment creditor 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 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) of this section within twenty days
after having been served by the judgment debtor with a written demand
therefor by certified mail, return receipt requested.

(d) 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 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.