Senate Bill S2604

2023-2024 Legislative Session

Relates to certain judgments by confession

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Current Bill Status - In Assembly 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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Bill Amendments

2023-S2604 - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

2023-S2604 - Summary

Prohibits the entry of a judgment by confession on amounts due from one or more individuals for personal, family, household, consumer or non-business purposes and on a debt incurred if the principal amount of such debt was less than $5,000,000.

2023-S2604 - Sponsor Memo

2023-S2604 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2604
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend section 3218 of the civil practice  law  and  rules,  in
   relation to certain judgments by confession
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision (a) of section 3218 of
 the civil practice law and rules, as amended by chapter 311 of the  laws
 of 1963, is amended to read as follows:
   Except  as  provided in section thirty-two hundred one OF THIS ARTICLE
 AND SUBDIVISION (E) OF THIS SECTION, a judgment  by  confession  may  be
 entered, without an action, either for money due or to become due, or to
 secure  the  plaintiff  against a contingent liability [in] ON behalf of
 the defendant, or both, upon an affidavit executed by the defendant;
   § 2. Section 3218 of the civil practice law and rules  is  amended  by
 adding a new subdivision (e)  to read as follows:
   (E)  PROHIBITION  ON  CERTAIN JUDGMENTS BY CONFESSION.  NO JUDGMENT BY
 CONFESSION MAY BE ENTERED ON:
   1. ANY AMOUNT DUE FROM ONE OR MORE INDIVIDUALS FOR  PERSONAL,  FAMILY,
 HOUSEHOLD, CONSUMER, INVESTMENT, OR NON-BUSINESS PURPOSES; OR
   2.  ANY AMOUNT DUE ON A DEBT INCURRED BY ANY PERSON FOR ANY PURPOSE IF
 THE PRINCIPAL AMOUNT OF SUCH DEBT WAS LESS THAN FIVE MILLION DOLLARS  AT
 THE TIME THE DEBT WAS INCURRED.
   § 3.  This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07156-02-3

2023-S2604A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3218, CPLR

2023-S2604A (ACTIVE) - Summary

Prohibits the entry of a judgment by confession on amounts due from one or more individuals for personal, family, household, consumer or non-business purposes and on a debt incurred if the principal amount of such debt was less than $5,000,000.

2023-S2604A (ACTIVE) - Sponsor Memo

2023-S2604A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2604--A
     Cal. No. 940
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   judgments by confession
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 3218 of the civil practice law
 and rules, as amended by chapter 311 of the laws of 1963, paragraph 1 as
 amended by chapter 831 of the laws  of  2021,  is  amended  to  read  as
 follows:
   (a)  Affidavit  of defendant. Except as provided in section thirty-two
 hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
 ment by confession may be entered, without an action, either  for  money
 due  or  to  become due, or to secure the plaintiff against a contingent
 liability [in] ON behalf of the defendant, or both,  upon  an  affidavit
 executed by the defendant[;]:
   1.  stating the sum for which judgment may be entered, authorizing the
 entry of judgment, AND stating the county where  the  defendant  resides
 [and,  if  applicable,  stating that the interest rate for consumer debt
 pursuant to section five thousand four of this chapter applies];
   2. if the judgment to be confessed is for money due or to become  due,
 stating concisely the facts out of which the debt arose and showing that
 the sum confessed is justly due or to become due; and
   3.  if the judgment to be confessed is for the purpose of securing the
 plaintiff against a contingent liability, stating  concisely  the  facts
 constituting  the  liability and showing that the sum confessed does not
 exceed the amount of the liability.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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