Bill Text: NY A00646 | 2015-2016 | General Assembly | Introduced

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Bill Title: Increases penalties for failure to execute and file satisfied judgments of $5,000 or more with court clerk from $100 to $500.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-04-14 - advanced to third reading cal.497 [A00646 Detail]

Download: New_York-2015-A00646-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          646
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL,  PERRY,  WEPRIN  -- read once and
         referred to the Committee on Judiciary
       AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
         increasing  penalties  for failure to execute and file satisfied judg-
         ments of $5,000 or more with the court clerk
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision (c) of section 5020 of the civil practice law
    2  and rules, as amended by chapter 575 of the laws of 1975, is amended  to
    3  read as follows:
    4    (c) When [the] A judgment FOR LESS THAN FIVE THOUSAND DOLLARS is fully
    5  satisfied,  if  the  person required to execute and file with the proper
    6  clerk pursuant to subdivisions (a) and  (d)  [hereof]  OF  THIS  SECTION
    7  fails or refuses to do so within twenty days after receiving full satis-
    8  faction, then the judgment creditor shall be subject to a penalty of one
    9  hundred  dollars recoverable by the judgment debtor pursuant to [Section
   10  7202 of the civil practice law and rules]  SECTION  SEVENTY-TWO  HUNDRED
   11  TWO  OF  THIS  CHAPTER  or  article eighteen of either the New York City
   12  civil court act, uniform district court act or uniform city  court  act.
   13  WHEN A JUDGMENT FOR FIVE THOUSAND DOLLARS OR MORE IS FULLY SATISFIED, IF
   14  THE  PERSON  REQUIRED TO EXECUTE AND FILE WITH THE PROPER CLERK PURSUANT
   15  TO SUBDIVISIONS (A) AND (D) OF THIS SECTION FAILS OR REFUSES  TO  DO  SO
   16  WITHIN  TWENTY DAYS AFTER RECEIVING FULL SATISFACTION, THEN THE JUDGMENT
   17  CREDITOR SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS RECOVERA-
   18  BLE BY THE JUDGMENT DEBTOR PURSUANT TO SECTION SEVENTY-TWO  HUNDRED  TWO
   19  OF  THIS  CHAPTER  OR ARTICLE EIGHTEEN OF EITHER THE NEW YORK CITY CIVIL
   20  COURT ACT, UNIFORM  DISTRICT  COURT  ACT  OR  UNIFORM  CITY  COURT  ACT;
   21  provided,  however, that such [penalty] PENALTIES shall not be recovera-
   22  ble when a city with a population greater than one  million  persons  is
   23  the  judgment  creditor,  unless  such  judgment  creditor shall fail to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03814-01-5
       A. 646                              2
    1  execute and file a satisfaction-piece with the proper clerk pursuant  to
    2  subdivisions  (a)  and  (d)  [hereof] OF THIS SECTION within twenty days
    3  after having been served by the judgment debtor with  a  written  demand
    4  therefor by certified mail, return receipt requested.
    5    S 2. This act shall take effect on the one hundred twentieth day after
    6  it shall have become a law.