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S07468 Summary:

BILL NOS07468A
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd §1812, NYC Civ Ct Act; amd §1812, UCCA; amd §1812, UDCA; amd §1812, UJCA
 
Allows for the issuance of information subpoenas on behalf of small claims judgment creditors to be effective anywhere in the state.
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S07468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7468--A
            Cal. No. 778
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary -- reported
          favorably from said committee, ordered to  first  and  second  report,
          amended  on  second  report,  ordered  to  a  third reading, and to be
          reprinted as amended, retaining its place in the order of third  read-
          ing
 
        AN  ACT  to  amend  the  New York city civil court act, the uniform city
          court act, the uniform district court  act  and  the  uniform  justice
          court  act,  in  relation  to expanding the available jurisdiction for
          issuing information subpoenas
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision (d) of section 1812 of the New York city civil
     2  court act, as amended by chapter 80 of the laws of 1992, is  amended  to
     3  read as follows:
     4    (d)  Where  a  judgment  has  been entered in a small claims court and
     5  remains unsatisfied, the small claims clerk shall, upon  request,  issue
     6  information  subpoenas,  at  nominal cost, for the judgment creditor and
     7  provide the creditor with  assistance  on  their  preparation  and  use.
     8  Notwithstanding  section twelve hundred one of this act, the court shall
     9  issue such information subpoenas to be served anywhere in the state upon
    10  request. The court shall have the same power as  the  supreme  court  to
    11  punish  a  contempt  of  court  committed with respect to an information
    12  subpoena.
    13    § 2. Subdivision (d) of section 1812 of the uniform city court act, as
    14  amended by chapter 80 of the  laws  of  1992,  is  amended  to  read  as
    15  follows:
    16    (d)  Where  a  judgment  has  been entered in a small claims court and
    17  remains unsatisfied, the small claims clerk shall, upon  request,  issue
    18  information  subpoenas,  at  nominal cost, for the judgment creditor and
    19  provide the creditor with  assistance  on  their  preparation  and  use.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08371-02-5

        S. 7468--A                          2
 
     1  Notwithstanding  section twelve hundred one of this act, the court shall
     2  issue such information subpoenas to be served anywhere in the state upon
     3  request. The court shall have the same power as  the  supreme  court  to
     4  punish  a  contempt  of  court  committed with respect to an information
     5  subpoena.
     6    § 3. Subdivision (d) of section 1812 of  the  uniform  district  court
     7  act, as amended by chapter 80 of the laws of 1992, is amended to read as
     8  follows:
     9    (d)  Where  a  judgment  has  been entered in a small claims court and
    10  remains unsatisfied, the small claims clerk shall, upon  request,  issue
    11  information  subpoenas,  at  nominal cost, for the judgment creditor and
    12  provide the creditor with  assistance  on  their  preparation  and  use.
    13  Notwithstanding  section twelve hundred one of this act, the court shall
    14  issue such information subpoenas to be served anywhere in the state upon
    15  request. The court shall have the same power as  the  supreme  court  to
    16  punish  a  contempt  of  court  committed with respect to an information
    17  subpoena.
    18    § 4. Subdivision (d) of section 1812 of the uniform justice court act,
    19  as amended by chapter 650 of the laws of 1991, is  amended  to  read  as
    20  follows:
    21    (d)  Where  a  judgment  has  been entered in a small claims court and
    22  remains unsatisfied, the small claims clerk shall, upon  request,  issue
    23  information  subpoenas,  at  nominal cost, for the judgment creditor and
    24  provide the creditor with  assistance  on  their  preparation  and  use.
    25  Notwithstanding  section twelve hundred one of this act, the court shall
    26  issue such information subpoenas to be served anywhere in the state upon
    27  request. The court shall have the same power as  the  supreme  court  to
    28  punish  a  contempt  of  court  committed with respect to an information
    29  subpoena.
    30    § 5. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law.
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