NY State Senate Bill 2021-S526

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jan 06, 2021	referred to judiciary

2021-S526 (ACTIVE) - Details

See Assembly Version of this Bill:: A2270
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R5016, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8923
2013-2014: A320
2015-2016: A4024
2017-2018: A1587
2019-2020: A1732
2023-2024: S2715, A1864

2021-S526 (ACTIVE) - Summary

Enacts the court order protection act.

2021-S526 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S526

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to enact-
ing the court order protection act

 
PURPOSE OF BILL:

To clarify a court's responsibility in the case of judgment entry and a
debtor's responsibility in the case of a court ordered payment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. establishes the "court order protection act."

Section 2 amends subdivision (d) to require that a judgement must be
entered immediately upon issuance and adds a new subdivision (e) which
requires the Chief Administrative Judge of the State of New York to
create a document that outlines payment of awards ordered by courts of

the State.

Section 3 amends subdivision (e) of rule 5016 to require a debtor
complete the aforementioned document issued and signed by both the
plaintiff and defendant, notarized and kept on file with the court that
indicates that either, immediate payment is being made, that a defini-
tive payment schedule is being arranged, or that payment will be made in
either of these forms after the completion of the appeals process.

Section 4 establishes the effective date.

 
JUSTIFICATION:

When a court issues an order requiring a party to a lawsuit to pay
damages to another party, this is usually not the end of the conflict.
The winning party must still figure out how to collect the judgment from
the losing party, which many times, proves to be a difficult feat. In
many cases, the losing party simply walks away and never pays what is
owed. The creditor finds that winning the lawsuit almost means nothing
when he or she cannot collect on the judgment.

This bill would help ensure that more judgments are paid by requiring
the parties to fill out a document stating how payment will be made at
the time the order is entered. Furthermore, the law does not currently
require judgments to be entered, or filed, by the court within any
certain time period after they are issued. Because the 30 day time peri-
od, within which a party must file an appeal does not begin to run until
judgment is entered, judgments are allowed to go uncollected for long
periods of time.

This bill would also require courts to enter judgments immediately after
issuance, allowing the 30-day time period for an appeal to also begin
immediately. By requiring the order to be entered immediately upon issu-
ance, the bill ensures that the document stating how payment will be
made is also filed immediately. Such document will allow the parties to
confirm that payment has been made on the spot or that a payment sched-
uled has been agreed to.

 
LEGISLATIVE HISTORY:

2109-20: A.1732 referred to judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
subdivision (e) of rule 5016 of the civil practice law and rules made by
section three of this act shall take effect 90 days after this act shall
have become a law.

2021-S526 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    526
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  enact-
   ing the court order protection act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "court
 order protection act".
   § 2. Rule 5016 of the civil practice law and rules, subdivision (d) as
 amended  by  chapter  93  of  the  laws  of  1970, is amended to read as
 follows:
   Rule 5016. Entry of judgment. (a) What constitutes entry.  A  judgment
 is  entered  when, after it has been signed by the clerk, it is filed by
 him.
   (b) Judgment upon verdict.   Judgment upon the general  verdict  of  a
 jury  after  a  trial  by jury as of right shall be entered by the clerk
 unless the court otherwise directs; if there is a special  verdict,  the
 court shall direct entry of an appropriate judgment.
   (c)  Judgment upon decision.  Judgment upon the decision of a court or
 a referee to determine shall be entered by the clerk as directed  there-
 in.    When  relief  other  than for money or costs only is granted, the
 court or referee shall, on motion, determine the form of the judgment.
   (d) PERIOD OF ENTRY. JUDGMENT MUST BE ENTERED IMMEDIATELY  UPON  ISSU-
 ANCE.
   (E)  DOCUMENTATION  OF  PAYMENT. THE CHIEF ADMINISTRATIVE JUDGE OF THE
 STATE OF NEW YORK WILL CREATE A DOCUMENT THAT OUTLINES PAYMENT OF AWARDS
 ORDERED BY COURTS OF THE STATE. THE DOCUMENT WILL  THEN  BE  DISTRIBUTED
 ELECTRONICALLY, OR BY OTHER MEANS AS DETERMINED BY THE CHIEF ADMINISTRA-
 TIVE JUDGE, FOR USE BY COURTS OF THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02164-01-1

 S. 526                              2
 
   (F)  After  death of party.   No verdict or decision shall be rendered
 against a deceased party, but if a party dies before entry  of  judgment
 and  after  a verdict, decision or accepted offer to compromise pursuant
 to rule 3221, judgment shall be entered in the  names  of  the  original
 parties  unless  the  verdict,  decision  or  offer is set aside.   This
 provision shall not bar dismissal of an action  or  appeal  pursuant  to
 section 1021.
   [(e)]  (G)  Final  judgment  after  interlocutory judgment.   Where an
 interlocutory judgment has been directed, a party  may  move  for  final
 judgment when he becomes entitled thereto.
   § 3. Subdivision (e) of rule 5016 of the civil practice law and rules,
 as added by section one of this act, is amended to read as follows:
   (e) Documentation of payment. 1. The chief administrative judge of the
 state of New York will create a document that outlines payment of awards
 ordered  by  courts  of the state. The document will then be distributed
 electronically, or by other means as determined by the chief administra-
 tive judge, for use by courts of the state.
   2. UPON THE ISSUANCE OF A COURT ORDER,  AND  THE  IMMEDIATE  ENTRY  OF
 JUDGMENT, IN ANY COURT OF THE STATE OF NEW YORK, IN THE CASE WHERE MONEY
 DAMAGES  OF  ANY  KIND  ARE  AWARDED  TO  EITHER  PARTY, THE DEBTOR MUST
 COMPLETE A DOCUMENT ISSUED AND SIGNED BY BOTH THE PLAINTIFF AND  DEFEND-
 ANT,  NOTARIZED  AND  KEPT  ON  FILE  WITH THE COURT THAT INDICATES THAT
 EITHER IMMEDIATE PAYMENT IS BEING MADE, THAT A DEFINITIVE PAYMENT SCHED-
 ULE IS BEING ARRANGED, OR THAT PAYMENT WILL BE MADE IN EITHER  OF  THESE
 FORMS AFTER THE COMPLETION OF THE APPEALS PROCESS.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to subdivision (e) of rule 5016 of  the  civil  practice  law  and
 rules  made by section three of this act shall take effect 90 days after
 this act shall have become a law.

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Senate Bill S526

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S526 (ACTIVE) - Details

2021-S526 (ACTIVE) - Summary

2021-S526 (ACTIVE) - Sponsor Memo

2021-S526 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S526

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S526 (ACTIVE) - Details

2021-S526 (ACTIVE) - Summary

2021-S526 (ACTIVE) - Sponsor Memo

2021-S526 (ACTIVE) - Bill Text download pdf

Comments