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A10393 Summary:

BILL NOA10393
 
SAME ASNo Same As
 
SPONSORLunsford
 
COSPNSR
 
MLTSPNSR
 
Amd §5020, CPLR
 
Defines the term "satisfaction" in relation to the satisfaction of judgments; allows satisfaction of judgments to be filed by affirmation rather than after notarization; increases the time during which attorneys may file satisfaction of judgment from ten to twenty years; clarifies that the twenty-day time limit applicable to filing satisfactions of judgment is measured in business days.
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A10393 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10393
 
                   IN ASSEMBLY
 
                                      March 3, 2026
                                       ___________
 
        Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the civil practice law and rules, in relation to defin-
          ing satisfaction of judgment and authorizing satisfactions to be filed
          on affirmation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  5020  of  the  civil  practice law and rules, as
     2  amended by chapter 1051 of the laws of 1969, subdivision (a) as  amended
     3  by  chapter 148 of the laws of 1979, subdivision (b) as amended by chap-
     4  ter 41 of the laws of 1977, subdivision (c) as amended by chapter 227 of
     5  the laws of 2020, and subdivision (d) as added by  chapter  601  of  the
     6  laws of 1974, is amended to read as follows:
     7    §  5020.  Satisfaction-piece.  (a)  As  used in this section, the term
     8  "satisfaction" shall mean (i) the receipt  and  clearance  of  funds  in
     9  satisfaction  of a judgment by the judgment creditor or the attorney for
    10  the judgment creditor, or (ii) receipt by the judgment creditor  or  the
    11  attorney for the judgment creditor of notice from a sheriff that a judg-
    12  ment is satisfied.
    13    (b)  Generally.  When a person entitled to enforce a judgment receives
    14  satisfaction or partial satisfaction of the judgment, he  shall  execute
    15  and  file  with  the proper clerk pursuant to subdivision (a) of section
    16  5021, a satisfaction-piece or partial  satisfaction-piece  [acknowledged
    17  in the form required to entitle a deed to be recorded] affirmed consist-
    18  ently  with  section 2016, which shall set forth the book and page where
    19  the judgment is docketed. A copy of the  satisfaction-piece  or  partial
    20  satisfaction-piece  filed with the clerk shall be mailed to the judgment
    21  debtor by the person entitled to enforce the judgment  within  ten  days
    22  after the date of filing.
    23    [(b)]  (c)  Attorney  of  record.  Within [ten] twenty years after the
    24  entry of a judgment the attorney of record or the attorney named on  the
    25  docket  for  the judgment creditor may execute a satisfaction-piece or a
    26  partial satisfaction-piece, but if his authority was revoked  before  it
    27  was executed, the judgment may nevertheless be enforced against a person
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14386-01-6

        A. 10393                            2
 
     1  who had actual notice of the revocation before a payment on the judgment
     2  was made or a purchase of property bound by it was effected.
     3    [(c)] (d) When a judgment for less than five thousand dollars is fully
     4  satisfied,  if  the  person required to execute and file with the proper
     5  clerk pursuant to subdivisions [(a) and (d)] (b) and (e) of this section
     6  fails or refuses to do so within twenty business  days  after  receiving
     7  full  satisfaction,  then  the  judgment  creditor shall be subject to a
     8  penalty of one hundred dollars recoverable by the judgment debtor pursu-
     9  ant to section [seventy-two hundred two of this chapter] 7202 or article
    10  eighteen of either the New York City civil court act,  uniform  district
    11  court  act  or uniform city court act. When a judgment for five thousand
    12  dollars or more is fully satisfied, if the person  required  to  execute
    13  and  file  with  the proper clerk pursuant to subdivisions [(a) and (d)]
    14  (b) and (e) of this section fails or refuses  to  do  so  within  twenty
    15  business days after receiving full satisfaction, then the judgment cred-
    16  itor  shall  be subject to a penalty of five hundred dollars recoverable
    17  by the judgment debtor pursuant to section [seventy-two hundred  two  of
    18  this chapter] 7202 or article eighteen of either the New York city civil
    19  court  act,  uniform  district  court  act  or  uniform  city court act;
    20  provided, however, that such penalties shall not be recoverable  when  a
    21  city  with a population greater than one million persons is the judgment
    22  creditor, unless such judgment creditor shall fail to execute and file a
    23  satisfaction-piece with the proper clerk pursuant to  subdivisions  [(a)
    24  and  (d)]  (b)  and  (e) of this section within twenty days after having
    25  been served by the judgment debtor with a  written  demand  therefor  by
    26  certified mail, return receipt requested.
    27    [(d)]  (e)  Where  a  transcript  of the docket of a judgment has been
    28  docketed in any other county of the state pursuant to subdivision (a) of
    29  section 5018, the person required to execute and file  with  the  proper
    30  clerk  pursuant  to  subdivision [(a) hereof] (b) of this section shall,
    31  upon receiving full satisfaction, file a certificate of the clerk of the
    32  county in which the judgment was entered, in accordance with subdivision
    33  (c) of section 5021, with the clerks of all other counties in which such
    34  judgment has been docketed.
    35    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    36  have become a law.
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