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A10393 Summary:

BILL NOA10393A
 
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--A
                                                                Cal. No. 337
 
                   IN ASSEMBLY
 
                                      March 3, 2026
                                       ___________
 
        Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
          tee  on Codes -- reported from committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
 
        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]  such  person
    15  shall execute and file with the proper clerk pursuant to subdivision (a)
    16  of  section  5021,  a  satisfaction-piece  or partial satisfaction-piece
    17  [acknowledged in the form required to entitle a  deed  to  be  recorded]
    18  affirmed consistently with rule 2106, which shall set forth the book and
    19  page where the judgment is docketed. A copy of the satisfaction-piece or
    20  partial  satisfaction-piece  filed with the clerk shall be mailed to the
    21  judgment debtor by the person entitled to enforce  the  judgment  within
    22  ten days 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14386-02-6

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