STATE OF NEW YORK
________________________________________________________________________
1026
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
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Introduced by M. of A. L. ROSENTHAL, PERRY, WEPRIN, SEAWRIGHT -- read
once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to
increasing penalties for failure to execute and file satisfied judg-
ments of $5,000 or more with the court clerk
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 5020 of the civil practice law
2 and rules, as amended by chapter 575 of the laws of 1975, is amended to
3 read as follows:
4 (c) When [the] 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) [hereof] of this section
7 fails or refuses to do so within twenty days after receiving full satis-
8 faction, then the judgment creditor shall be subject to a penalty of one
9 hundred dollars recoverable by the judgment debtor pursuant to [Section
10 7202 of the civil practice law and rules] section seventy-two hundred
11 two of this chapter or article eighteen of either the New York City
12 civil court act, uniform district court act or uniform city court act.
13 When a judgment for five thousand dollars or more is fully satisfied, if
14 the person required to execute and file with the proper clerk pursuant
15 to subdivisions (a) and (d) of this section fails or refuses to do so
16 within twenty days after receiving full satisfaction, then the judgment
17 creditor shall be subject to a penalty of five hundred dollars recovera-
18 ble by the judgment debtor pursuant to section seventy-two hundred two
19 of this chapter 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 [penalty] penalties shall not be recovera-
22 ble when a city with a population greater than one million persons is
23 the judgment creditor, unless such judgment creditor shall fail to
24 execute and file a satisfaction-piece with the proper clerk pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02594-01-9
A. 1026 2
1 subdivisions (a) and (d) [hereof] of this section within twenty days
2 after having been served by the judgment debtor with a written demand
3 therefor by certified mail, return receipt requested.
4 § 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law.
