Assembly Bill A7500A

Signed By Governor
2019-2020 Legislative Session

Relates to judgment by confession

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6395 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A7500 - Details

See Senate Version of this Bill:
S6395
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

2019-A7500 - Summary

Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

2019-A7500 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7500
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2019
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, NIOU, DenDEKKER -- (at request of the
   Office of Court Administration) --  read  once  and  referred  to  the
   Committee on Judiciary
 
 AN  ACT  to amend the civil practice law and rules, in relation to judg-
   ment by confession
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of  subdivision  (a) and subdivision (b) of
 section 3218 of the civil practice law and rules, paragraph 1 of  subdi-
 vision (a) as amended by chapter 311 of the laws of 1963, are amended to
 read as follows:
   1.  stating the sum for which judgment may be entered, authorizing the
 entry of judgment, and stating the county where  the  defendant  resides
 [or if he is a non-resident, the county in which entry is authorized];
   (b)  Entry of judgment. At any time within three years after the affi-
 davit is executed, it may be filed, BUT ONLY with the clerk of the coun-
 ty where the [defendant] DEFENDANT'S AFFIDAVIT stated [in his  affidavit
 that  he]  THAT  THE  DEFENDANT resided when it was executed or[, if the
 defendant was then a non-resident, with the clerk of the  county  desig-
 nated  in  the  affidavit]  WHERE  THE  DEFENDANT RESIDED AT THE TIME OF
 FILING. [Thereupon the] THE clerk shall THEN enter  a  judgment  in  the
 supreme court for the sum confessed. [He] THE CLERK shall tax costs [to]
 IN  the  amount  of fifteen dollars, besides disbursements taxable in an
 action.  The judgment may be docketed and enforced in  the  same  manner
 and  with  the  same  effect  as  a judgment in an action in the supreme
 court. No judgment by confession may be entered  after  the  defendant's
 death.    FOR  PURPOSES OF THIS SECTION, A NON-NATURAL PERSON RESIDES IN
 ANY COUNTY WHERE IT HAS A PLACE OF BUSINESS.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A  GOVERN-
 MENT  AGENCY ENGAGED IN THE ENFORCEMENT OF CIVIL OR CRIMINAL LAW AGAINST
 A PERSON OR A NON-NATURAL PERSON MAY FILE AN AFFIDAVIT IN ANY COUNTY.
   § 2. This act shall take effect immediately and apply to judgments  by
 confession  entered  upon  affidavits  filed  on or after such effective
 date.

co-Sponsors

2019-A7500A (ACTIVE) - Details

See Senate Version of this Bill:
S6395
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

2019-A7500A (ACTIVE) - Summary

Relates to judgment by confession; allows a government agency engaged in the enforcement of a civil or criminal law to file an affidavit in any county.

2019-A7500A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7500--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  NIOU, DenDEKKER, WRIGHT, WALLACE,
   SCHIMMINGER -- (at request of the Office of Court  Administration)  --
   read  once  and  referred  to  the Committee on Judiciary -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ment by confession
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of  subdivision  (a)  and  subdivision  (b)  of
 section  3218 of the civil practice law and rules, paragraph 1 of subdi-
 vision (a) as amended by chapter 311 of the laws of 1963, are amended to
 read as follows:
   1. stating the sum for which judgment may be entered, authorizing  the
 entry  of  judgment,  and stating the county where the defendant resides
 [or if he is a non-resident, the county in which entry is authorized];
   (b) Entry of judgment. At any time within three years after the  affi-
 davit is executed, it may be filed, BUT ONLY with the clerk of the coun-
 ty  where the [defendant] DEFENDANT'S AFFIDAVIT stated [in his affidavit
 that he] THAT THE DEFENDANT resided when it was  executed  or[,  if  the
 defendant  was  then a non-resident, with the clerk of the county desig-
 nated in the affidavit] WHERE THE  DEFENDANT  RESIDED  AT  THE  TIME  OF
 FILING.  [Thereupon  the]  THE  clerk shall THEN enter a judgment in the
 supreme court for the sum confessed. [He] THE CLERK shall tax costs [to]
 IN the amount of fifteen dollars, besides disbursements  taxable  in  an
 action.    The  judgment may be docketed and enforced in the same manner
 and with the same effect as a judgment  in  an  action  in  the  supreme
 court.  No  judgment  by confession may be entered after the defendant's
 death.  FOR PURPOSES OF THIS SECTION, A NON-NATURAL  PERSON  RESIDES  IN
 ANY COUNTY WHERE IT HAS A PLACE OF BUSINESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11359-02-9

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