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S10388 Summary:

BILL NOS10388
 
SAME ASSAME AS A10393-A
 
SPONSORSANDERS
 
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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S10388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10388
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        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
    26  partial  satisfaction-piece,  but if [his] such attorney's authority was
    27  revoked before  it  was  executed,  the  judgment  may  nevertheless  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14386-03-6

        S. 10388                            2
 
     1  enforced against a person who had actual notice of the revocation before
     2  a payment on the judgment was made or a purchase of property bound by it
     3  was effected.
     4    [(c)] (d) When 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)] (b) and (e) of this section
     7  fails or refuses to do so within twenty business  days  after  receiving
     8  full  satisfaction,  then  the  judgment  creditor shall be subject to a
     9  penalty of one hundred dollars recoverable by the judgment debtor pursu-
    10  ant to section [seventy-two hundred two of this chapter] 7202 or article
    11  eighteen of either the New York [City] city  civil  court  act,  uniform
    12  district  court  act or uniform city court act. When a judgment for five
    13  thousand dollars or more is fully satisfied, if the person  required  to
    14  execute and file with the proper clerk pursuant to subdivisions [(a) and
    15  (d)] (b) and (e) of this section fails or refuses to do so within twenty
    16  business days after receiving full satisfaction, then the judgment cred-
    17  itor  shall  be subject to a penalty of five hundred dollars recoverable
    18  by the judgment debtor pursuant to section [seventy-two hundred  two  of
    19  this chapter] 7202 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 penalties shall not be recoverable  when  a
    22  city  with a population greater than one million persons is the judgment
    23  creditor, unless such judgment creditor shall fail to execute and file a
    24  satisfaction-piece with the proper clerk pursuant to  subdivisions  [(a)
    25  and  (d)]  (b) and (e) of this section within twenty business days after
    26  having been served by the judgment debtor with a written demand therefor
    27  by certified mail, return receipt requested.
    28    [(d)] (e) Where a transcript of the docket  of  a  judgment  has  been
    29  docketed in any other county of the state pursuant to subdivision (a) of
    30  section  5018,  the  person required to execute and file with the proper
    31  clerk pursuant to subdivision [(a) hereof] (b) of  this  section  shall,
    32  upon receiving full satisfaction, file a certificate of the clerk of the
    33  county in which the judgment was entered, in accordance with subdivision
    34  (c) of section 5021, with the clerks of all other counties in which such
    35  judgment has been docketed.
    36    §  2.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.
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