Bill Text: NY A07500 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-06-20 - substituted by s6395 [A07500 Detail]

Download: New_York-2019-A07500-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 7, 2019

        Introduced  by  M.  of  A.  DINOWITZ,  NIOU, DenDEKKER, WRIGHT, WALLACE,
          SCHIMMINGER -- (at request of the Office of Court  Administration)  --
          read  once  and  referred  to  the Committee on Judiciary -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the civil practice law and rules, in relation  to  judg-
          ment by confession

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 1 of  subdivision  (a)  and  subdivision  (b)  of
     2  section  3218 of the civil practice law and rules, paragraph 1 of subdi-
     3  vision (a) as amended by chapter 311 of the laws of 1963, are amended to
     4  read as follows:
     5    1. stating the sum for which judgment may be entered, authorizing  the
     6  entry  of  judgment,  and stating the county where the defendant resides
     7  [or if he is a non-resident, the county in which entry is authorized];
     8    (b) Entry of judgment. At any time within three years after the  affi-
     9  davit is executed, it may be filed, but only with the clerk of the coun-
    10  ty  where the [defendant] defendant's affidavit stated [in his affidavit
    11  that he] that the defendant resided when it was  executed  or[,  if  the
    12  defendant  was  then a non-resident, with the clerk of the county desig-
    13  nated in the affidavit] where the  defendant  resided  at  the  time  of
    14  filing.  [Thereupon  the]  The  clerk shall then enter a judgment in the
    15  supreme court for the sum confessed. [He] The clerk shall tax costs [to]
    16  in the amount of fifteen dollars, besides disbursements  taxable  in  an
    17  action.    The  judgment may be docketed and enforced in the same manner
    18  and with the same effect as a judgment  in  an  action  in  the  supreme
    19  court.  No  judgment  by confession may be entered after the defendant's
    20  death.  For purposes of this section, a non-natural  person  resides  in
    21  any county where it has a place of business.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7500--A                          2

     1    Notwithstanding  any other provision of law to the contrary, a govern-
     2  ment agency engaged in the enforcement of civil or criminal law  against
     3  a  person  or  a  non-natural person may file an affidavit in any county
     4  within the state.
     5    §  2. This act shall take effect immediately and apply to judgments by
     6  confession entered upon affidavits filed  on  or  after  such  effective
     7  date.