Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 5021
Entry of satisfaction
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
§ 5021. Entry of satisfaction. (a) Entry upon satisfaction-piece,
court order, deposit into court, discharge of compounding joint debtor.
The clerk of the court in which the judgment was entered or, in the case
of a judgment of a court other than the supreme, county or a family
court which has been docketed by the clerk of the county in which it was
entered, such county clerk, shall make an entry of the satisfaction or
partial satisfaction on the docket of the judgment upon:

1. the filing of a satisfaction-piece or partial satisfaction-piece;
or

2. the order of the court, made upon motion with such notice to other
persons as the court may require, when the judgment has been wholly or
partially satisfied but the judgment debtor cannot furnish the clerk
with a satisfaction-piece or partial satisfaction-piece; or

3. the deposit with the clerk of a sum of money which satisfies or
partially satisfies the judgment pursuant to an order of the court, made
upon motion with such notice to other persons as the court may require,
permitting such deposit; such an order shall not be made unless the
court is satisfied that there are no outstanding executions on which
sheriff's fees have not been paid; or

4. the filing of an instrument specified in article eight of the
debtor and creditor law, executed by a creditor releasing or discharging
a compounding joint debtor; in such case, the entry on the docket of the
judgment shall state that the judgment is satisfied as to the
compounding debtor only.

(b) Entry upon return of execution. A sheriff shall return an
execution to the clerk of the court from which the execution issued if
such execution is wholly or partially satisfied, and the clerk shall
make an appropriate entry on his docket of the judgment. The sheriff
shall also deliver to the person making payment, upon request, a
certified copy of the execution and of the return of satisfaction or
partial satisfaction. Upon the filing of such copy with the clerk of the
county where the execution was satisfied, such clerk shall enter
satisfaction or partial satisfaction on his docket of the judgment.
Provided however that, in addition, a return of execution arising out of
an action brought pursuant to article eighteen of the New York city
civil court act, article eighteen of the uniform city court act, article
eighteen of the uniform district court act, or article eighteen of the
uniform justice court act shall be made and entered whether wholly or
partially satisfied, or unsatisfied, within ninety days after receipt of
the judgment by the sheriff and the clerk shall make an appropriate
entry on his docket of the judgment.

(c) Entry upon certificate. Upon the filing of a certificate of the
clerk of the county in which the judgment was entered, stating that the
judgment has been wholly or partially satisfied, the clerk of any court
or county where a judgment has been docketed shall make an appropriate
entry on his docket of the judgment.