Bill Text: NY A01889 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 1889 (Prior Session Legislation)

Bill Title: Increases penalties for failure to execute and file satisfied judgments with clerk; $100 to $1000.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2011-01-12 - referred to judiciary [A01889 Detail]

Download: New_York-2009-A01889-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1889
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by  M.  of  A. ROSENTHAL, TITUS, DenDEKKER, KELLNER, HOOPER,
         SPANO, MILLMAN -- Multi-Sponsored by  --  M.  of  A.  COOK,  DINOWITZ,
         GLICK, GOTTFRIED -- read once and referred to the Committee on Judici-
         ary
       AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
         increasing penalties for failure to execute and file  satisfied  judg-
         ments 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 judgment is fully satisfied, if the  person  required  to
    5  execute  and file with the proper clerk pursuant to subdivisions (a) and
    6  (d) [hereof] OF THIS SECTION fails or refuses to  do  so  within  twenty
    7  days after receiving full satisfaction, then the judgment creditor shall
    8  be subject to a penalty of one [hundred] THOUSAND dollars recoverable by
    9  the  judgment debtor pursuant to [Section 7202 of the civil practice law
   10  and rules] SECTION SEVENTY-TWO HUNDRED TWO OF THIS  CHAPTER  or  article
   11  eighteen  of  either the New York City civil court act, uniform district
   12  court act or uniform city court act; provided, however, that such penal-
   13  ty shall not be recoverable when a city with a population  greater  than
   14  one million persons is the judgment creditor, unless such judgment cred-
   15  itor shall fail to execute and file a satisfaction-piece with the proper
   16  clerk  pursuant  to  subdivisions  (a)  and (d) [hereof] OF THIS SECTION
   17  within twenty days after having been served by the judgment debtor  with
   18  a written demand therefor by certified mail, return receipt requested.
   19    S 2. This act shall take effect on the one hundred eightieth day after
   20  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01836-01-1