S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6020
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 Introduced  by  M.  of A. OAKS, McDONOUGH, LUPINACCI, HAWLEY, MONTESANO,
   PALUMBO, GOODELL, WALTER, McKEVITT, FINCH, RAIA -- Multi-Sponsored  by
   -- M. of A.  BARCLAY, BLANKENBUSH, CROUCH, DiPIETRO, GARBARINO, GIGLIO
   -- read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend  the  New York city civil court act, the uniform city
   court act, the uniform district court act, the uniform  justice  court
   act  and  the tax law, in relation to notice of small claims judgments
   and indexing of unpaid claims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  (a) and (b) of section 1811 of the New York
 city civil court act, as amended by chapter 122 of  the  laws  of  1987,
 paragraph  2  of  subdivision (b) as amended, paragraph 6 of subdivision
 (b) as added, paragraph 7 of subdivision (b) as  renumbered  by  chapter
 650 of the laws of 1991, are amended to read as follows:
   (a)  Notice  of  judgment sent to judgment debtor shall specify that a
 failure to satisfy a judgment may subject  the  debtor  to  any  one  or
 combination of the following actions:
   1. garnishment of wage;
   2. garnishment of bank account;
   3. a lien on personal property;
   4. seizure and sale of real property;
   5. seizure and sale of personal property, including automobiles;
   6.  suspension  of motor vehicle license and registration, if claim is
 based on defendant's ownership or operation of a motor vehicle;
   7. revocation, suspension, or denial  of  renewal  of  any  applicable
 business license or permit;
   8.  investigation  and prosecution by the attorney general for fraudu-
 lent or illegal business practices; [and]
   9. a penalty equal to three times the amount of the unsatisfied  judg-
 ment plus attorney's fees, if there are other unpaid claims[.]; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08221-01-7

 A. 6020                             2
 
   10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
   (b) Notice of judgment sent to judgment creditor shall contain but not
 be limited to the following information:
   1.  the  claimant's  right to payment within thirty days following the
 debtor's receipt of the judgment notice;
   2. the procedures for use of section eighteen hundred twelve  of  this
 article  concerning the identification of assets of the judgment debtor,
 including the use of information subpoenas, access  to  consumer  credit
 reports  and  the  role of sheriffs and marshals, and actions to collect
 three times the judgment award and attorney's  fees  if  there  are  two
 other unsatisfied claims against the debtor;
   3.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through the sale of the debtor's  real  property,  or  personal
 property;
   4.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through suspension of debtor's motor vehicle license and regis-
 tration, if claim is based on defendant's ownership or  operation  of  a
 motor vehicle;
   5.  the  claimant's  right  to  notify  the appropriate state or local
 licensing or certifying authority of an unsatisfied judgment as a  basis
 for  possible  revocation,  suspension, or denial of renewal of business
 license; [and]
   6. a statement that upon satisfying the judgment, the judgment  debtor
 shall present appropriate proof thereof to the court; [and]
   7.  the  claimant's right to notify the attorney general if the debtor
 is a business and appears to be engaged in fraudulent or  illegal  busi-
 ness practices[.]; AND
   8.  THE  CLAIMANT'S  RIGHT  TO  INITIATE ACTIONS TO RECOVER THE UNPAID
 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
 TO THE TAX LAW.
   § 2. Subdivisions (a) and (b) of section  1811  of  the  uniform  city
 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
 subdivision  (b)  as  amended,  paragraph 6 of subdivision (b) as added,
 paragraph 7 of subdivision (b) as renumbered by chapter 650 of the  laws
 of 1991, are amended to read as follows:
   (a)  Notice  of  judgment sent to judgment debtor shall specify that a
 failure to satisfy a judgment may subject  the  debtor  to  any  one  or
 combination of the following actions:
   1. garnishment of wage;
   2. garnishment of bank account;
   3. a lien on personal property;
   4. seizure and sale of real property;
   5. seizure and sale of personal property, including automobiles;
   6.  suspension  of motor vehicle license and registration, if claim is
 based on defendant's ownership or operation of a motor vehicle;
   7. revocation, suspension, or denial  of  renewal  of  any  applicable
 business license or permit;
   8.  investigation  and prosecution by the attorney general for fraudu-
 lent or illegal business practices; [and]
   9. a penalty equal to three times the amount of the unsatisfied  judg-
 ment plus attorney's fees, if there are other unpaid claims[.]; AND
   10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
   (b) Notice of judgment sent to judgment creditor shall contain but not
 be limited to the following information:
   1.  the  claimant's  right to payment within thirty days following the
 debtor's receipt of the judgment notice;

 A. 6020                             3
 
   2. the procedures for use of section eighteen hundred twelve  of  this
 article  concerning  the identification of assets of the judgment debtor
 including the use of information subpoenas, access  to  consumer  credit
 reports  and  the  role of sheriffs and marshals, and actions to collect
 three  times  the  judgment  award  and attorney's fees if there are two
 other unsatisfied claims against the debtor;
   3. the claimant's right to initiate  actions  to  recover  the  unpaid
 judgment  through  the  sale  of the debtor's real property, or personal
 property;
   4. the claimant's right to initiate  actions  to  recover  the  unpaid
 judgment through suspension of debtor's motor vehicle license and regis-
 tration,  if  claim  is based on defendant's ownership or operation of a
 motor vehicle;
   5. the claimant's right to  notify  the  appropriate  state  or  local
 licensing  or certifying authority of an unsatisfied judgment as a basis
 for possible revocation, suspension, or denial of  renewal  of  business
 license; [and]
   6.  a statement that upon satisfying the judgment, the judgment debtor
 shall present appropriate proof thereof to the court; [and]
   7. the claimant's right to notify the attorney general if  the  debtor
 is  a  business and appears to be engaged in fraudulent or illegal busi-
 ness practices[.]; AND
   8. THE CLAIMANT'S RIGHT TO INITIATE  ACTIONS  TO  RECOVER  THE  UNPAID
 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
 TO THE TAX LAW.
   §  3. Subdivisions (a) and (b) of section 1811 of the uniform district
 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
 subdivision (b) as amended, paragraph 6 of  subdivision  (b)  as  added,
 paragraph  7 of subdivision (b) as renumbered by chapter 650 of the laws
 of 1991, are amended to read as follows:
   (a) Notice of judgment sent to judgment debtor shall  specify  that  a
 failure  to  satisfy  a  judgment  may  subject the debtor to any one or
 combination of the following actions:
   1. garnishment of wage;
   2. garnishment of bank account;
   3. a lien on personal property;
   4. seizure and sale of real property;
   5. seizure and sale of personal property, including automobiles;
   6. suspension of motor vehicle license and registration, if  claim  is
 based on defendant's ownership or operation of a motor vehicle;
   7.  revocation,  suspension,  or  denial  of renewal of any applicable
 business license or permit;
   8. investigation and prosecution by the attorney general  for  fraudu-
 lent or illegal business practices; [and]
   9.  a penalty equal to three times the amount of the unsatisfied judg-
 ment plus attorney's fees, if there are other unpaid claims[.]; AND
   10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
   (b) Notice of judgment sent to judgment creditor shall contain but not
 be limited to the following information:
   1. the claimant's right to payment within thirty  days  following  the
 debtor's receipt of the judgment notice;
   2.  the  procedures for use of section eighteen hundred twelve of this
 article concerning the identification of assets of the  judgment  debtor
 including  the  use  of information subpoenas, access to consumer credit
 reports and the role of sheriffs and marshals, and  actions  to  collect

 A. 6020                             4
 
 three  times  the  judgment  award  and attorney's fees if there are two
 other unsatisfied claims against the debtor;
   3.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through the sale of the debtor's  real  property,  or  personal
 property;
   4.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through suspension of debtor's motor vehicle license and regis-
 tration, if claim is based on defendant's ownership or  operation  of  a
 motor vehicle;
   5.  the  claimant's  right  to  notify  the appropriate state or local
 licensing or certifying authority of an unsatisfied judgment as a  basis
 for  possible  revocation,  suspension, or denial of renewal of business
 license; [and]
   6. a statement that upon satisfying the judgment, the judgment  debtor
 shall present appropriate proof thereof to the court; [and]
   7.  the  claimant's right to notify the attorney general if the debtor
 is a business and appears to be engaged in fraudulent or  illegal  busi-
 ness practices[.]; AND
   8.  THE  CLAIMANT'S  RIGHT  TO  INITIATE ACTIONS TO RECOVER THE UNPAID
 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
 TO THE TAX LAW.
   § 4. Subdivisions (a) and (b) of section 1811 of the  uniform  justice
 court act, as amended by chapter 122 of the laws of 1987, paragraph 2 of
 subdivision  (b)  as  amended,  paragraph 6 of subdivision (b) as added,
 paragraph 7 of subdivision (b) as renumbered by chapter 650 of the  laws
 of 1991, are amended to read as follows:
   (a)  Notice  of  judgment sent to judgment debtor shall specify that a
 failure to satisfy a judgment may subject  the  debtor  to  any  one  or
 combination of the following actions:
   1. garnishment of wage;
   2. garnishment of bank account;
   3. a lien on personal property;
   4. seizure and sale of real property;
   5. seizure and sale of personal property, including automobiles;
   6.  suspension  of motor vehicle license and registration, if claim is
 based on defendant's ownership or operation of a motor vehicle;
   7. revocation, suspension, or denial  of  renewal  of  any  applicable
 business license or permit;
   8.  investigation  and prosecution by the attorney general for fraudu-
 lent or illegal business practices; [and]
   9. a penalty equal to three times the amount of the unsatisfied  judg-
 ment plus attorney's fees, if there are other unpaid claims[.]; AND
   10. INTERCEPT OF ANY INCOME TAX REFUND OWED PURSUANT TO THE TAX LAW.
   (b) Notice of judgment sent to judgment creditor shall contain but not
 be limited to the following information:
   1.  the  claimant's  right to payment within thirty days following the
 debtor's receipt of the judgment notice;
   2. the procedures for use of section eighteen hundred twelve  of  this
 article  concerning  the identification of assets of the judgment debtor
 including the use of information subpoenas, access  to  consumer  credit
 reports  and  the  role of sheriffs and marshals, and actions to collect
 three times the judgment award and attorney's  fees  if  there  are  two
 other unsatisfied claims against the debtor;
   3.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through the sale of the debtor's  real  property,  or  personal
 property;

 A. 6020                             5
 
   4.  the  claimant's  right  to  initiate actions to recover the unpaid
 judgment through suspension of debtor's motor vehicle license and regis-
 tration, if claim is based on defendant's ownership or  operation  of  a
 motor vehicle;
   5.  the  claimant's  right  to  notify  the appropriate state or local
 licensing or certifying authority of an unsatisfied judgment as a  basis
 for  possible  revocation,  suspension, or denial of renewal of business
 license; [and]
   6. a statement that upon satisfying the judgment, the judgment  debtor
 shall present appropriate proof thereof to the court; [and]
   7.  the  claimant's right to notify the attorney general if the debtor
 is a business and appears to be engaged in fraudulent or  illegal  busi-
 ness practices[.]; AND
   8.  THE  CLAIMANT'S  RIGHT  TO  INITIATE ACTIONS TO RECOVER THE UNPAID
 JUDGMENT THROUGH THE INTERCEPTION OF ANY INCOME TAX REFUND OWED PURSUANT
 TO THE TAX LAW.
   § 5. The tax law is amended by adding a new section 171-w to  read  as
 follows:
   §  171-W.  INTERCEPTION  OF INCOME TAX REFUND IN SATISFACTION OF SMALL
 CLAIMS JUDGMENT. THE COMMISSIONER, ON BEHALF OF  THE  DEPARTMENT,  SHALL
 ENTER  INTO  A  WRITTEN  AGREEMENT  WITH  THE CHIEF ADMINISTRATOR OF THE
 COURTS, WHICH SHALL SET FORTH THE PROCEDURES FOR THE INTERCEPTION OF ANY
 INCOME TAX REFUND OWED TO ANY SMALL CLAIMS  JUDGMENT  DEBTOR,  INCLUDING
 PENALTIES  AND  ATTORNEY'S  FEES THAT ARE PROVIDED FOR PURSUANT TO PARA-
 GRAPH NINE OF SUBDIVISION (A) OF SECTION EIGHTEEN HUNDRED ELEVEN OF  THE
 NEW  YORK CITY CIVIL COURT ACT, THE UNIFORM CIVIL COURT ACT, THE UNIFORM
 DISTRICT COURT ACT AND THE UNIFORM JUSTICE COURT  ACT,  AND  PAYMENT  OF
 SUCH REFUND TO THE SMALL CLAIMS JUDGMENT CREDITOR WHO FILES AN APPROPRI-
 ATE  NOTICE  WITH THE COMMISSIONER AS AN ACTION TO RECOVER SUCH JUDGMENT
 PURSUANT TO SUBDIVISION (B) OF SECTION EIGHTEEN HUNDRED  ELEVEN  OF  THE
 NEW  YORK  CITY  CIVIL  COURT  ACT,  SUBDIVISION (B) OF SECTION EIGHTEEN
 HUNDRED ELEVEN OF THE UNIFORM CITY COURT ACT, SUBDIVISION (B) OF SECTION
 EIGHTEEN HUNDRED ELEVEN OF THE UNIFORM DISTRICT COURT ACT OR SUBDIVISION
 (B) OF SECTION EIGHTEEN HUNDRED ELEVEN OF THE UNIFORM JUSTICE COURT ACT.
   § 6. This act shall take effect immediately.