NY State Senate Bill 2025-S7468

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2025	referred to judiciary

2025-S7468 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §1812, NYC Civ Ct Act; amd §1812, UCCA; amd §1812, UDCA; amd §1812, UJCA
Versions Introduced in 2023-2024 Legislative Session:: S6887

2025-S7468 (ACTIVE) - Summary

Allows for the issuance of information subpoenas on behalf of small claims judgment creditors effective beyond the jurisdictional boundaries of the county where the court is located and adjoining counties.

2025-S7468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7468

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the New York city civil court act, the uniform city
court act, the uniform district court act and the uniform justice court
act, in relation to expanding the available jurisdiction for issuing
information subpoenas

 
PURPOSE OF BILL:

Allows small claims court personnel to issue information subpoenas on
judgment creditors outside of the county and adjoining counties of the
court.

 
SUMMARY OF PROVISIONS:

Sections 1 through 4 amend the NYC Civil Court Act, the Uniform City
Court Act, the Uniform District Court Act, and the Uniform Justice Court
Act to allow the court to issue information subpoenas on behalf of judg-
ment creditors outside of the county and adjoining counties of the

court.

Section 5 is the effective date.

 
JUSTIFICATION:

Under section 1201 of the various court acts, information subpoenas
sought by small claims court judgment creditors can only be served in
the county where the litigation took place or an adjoining county,
except upon motion. This requirement adds to the burdens of judgment
creditors trying to locate a judgment debtor's assets. In many
instances, judgment debtors will take evasive action to move their
assets to avoid detection. Accordingly, it is important for judgment
creditors to proceed as efficiently and swiftly as possible to gain
information useful in the collection process.

This bill amends the relevant court acts to have court personnel to
issue information subpoenas on behalf of Small Claims judgment creditors
effective beyond the jurisdictional boundaries and adjoining counties as
limited by section 1201 of the court acts. As judgment creditors in
Small Claims are largely pro se litigants who are attempting the diffi-
cult process of locating assets without the assistance of an attorney,
they should be permitted to direct information subpoenas to parties they
believe may have information useful to identifying the judgment credi-
tor's assets regardless of location within the United States. This would
eliminate the need to make a motion to serve an information subpoena
outside the county where the court is located and counties adjoining
that county.

 
LEGISLATIVE HISTORY:

2023-2024: S6887A (Hoylman-Sigal): Died on third reading

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S7468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7468
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed 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 and the uniform justice
   court act, in relation to expanding  the  available  jurisdiction  for
   issuing information subpoenas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (d) of section 1812 of the New York city  civil
 court  act,  as amended by chapter 80 of the laws of 1992, is amended to
 read as follows:
   (d) Where a judgment has been entered in  a  small  claims  court  and
 remains  unsatisfied,  the small claims clerk shall, upon request, issue
 information subpoenas, at nominal cost, for the  judgment  creditor  and
 provide  the  creditor  with  assistance  on  their preparation and use.
 NOTWITHSTANDING SECTION TWELVE HUNDRED ONE OF THIS ACT, THE COURT  SHALL
 ISSUE  SUCH  INFORMATION  SUBPOENAS TO BE SERVED OUTSIDE THE CITY OF NEW
 YORK AND OUTSIDE A COUNTY ADJOINING SUCH CITY UPON  REQUEST.  The  court
 shall  have  the same power as the supreme court to punish a contempt of
 court committed with respect to an information subpoena.
   § 2. Subdivision (d) of section 1812 of the uniform city court act, as
 amended by chapter 80 of the  laws  of  1992,  is  amended  to  read  as
 follows:
   (d)  Where  a  judgment  has  been entered in a small claims court and
 remains unsatisfied, the small claims clerk shall, upon  request,  issue
 information  subpoenas,  at  nominal cost, for the judgment creditor and
 provide the creditor with  assistance  on  their  preparation  and  use.
 NOTWITHSTANDING  SECTION TWELVE HUNDRED ONE OF THIS ACT, THE COURT SHALL
 ISSUE SUCH INFORMATION SUBPOENAS TO BE SERVED OUTSIDE  THE  COUNTY  UPON
 REQUEST.  The  court  shall  have the same power as the supreme court to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08371-01-5
 S. 7468                             2

 
 punish a contempt of court committed  with  respect  to  an  information
 subpoena.
   §  3.  Subdivision  (d)  of section 1812 of the uniform district court
 act, as amended by chapter 80 of the laws of 1992, is amended to read as
 follows:
   (d) Where a judgment has been entered in  a  small  claims  court  and
 remains  unsatisfied,  the small claims clerk shall, upon request, issue
 information subpoenas, at nominal cost, for the  judgment  creditor  and
 provide  the  creditor  with  assistance  on  their preparation and use.
 NOTWITHSTANDING SECTION TWELVE HUNDRED ONE OF THIS ACT, THE COURT  SHALL
 ISSUE  SUCH  INFORMATION  SUBPOENAS  TO  BE  SERVED  OUTSIDE THE COUNTY,
 OUTSIDE A COUNTY ADJOINING SUCH COUNTY AND OUTSIDE THE CITY OF NEW  YORK
 UPON  REQUEST.  The court shall have the same power as the supreme court
 to punish a contempt of court committed with respect to  an  information
 subpoena.
   § 4. Subdivision (d) of section 1812 of the uniform justice court act,
 as  amended  by  chapter  650 of the laws of 1991, is amended to read as
 follows:
   (d) Where a judgment has been entered in  a  small  claims  court  and
 remains  unsatisfied,  the small claims clerk shall, upon request, issue
 information subpoenas, at nominal cost, for the  judgment  creditor  and
 provide  the  creditor  with  assistance  on  their preparation and use.
 NOTWITHSTANDING SECTION TWELVE HUNDRED ONE OF THIS ACT, THE COURT  SHALL
 ISSUE  SUCH  INFORMATION  SUBPOENAS TO BE SERVED OUTSIDE THE COUNTY UPON
 REQUEST. The court shall have the same power as  the  supreme  court  to
 punish  a  contempt  of  court  committed with respect to an information
 subpoena.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7468

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7468 (ACTIVE) - Details

2025-S7468 (ACTIVE) - Summary

2025-S7468 (ACTIVE) - Sponsor Memo

2025-S7468 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7468

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7468 (ACTIVE) - Details

2025-S7468 (ACTIVE) - Summary

2025-S7468 (ACTIVE) - Sponsor Memo

2025-S7468 (ACTIVE) - Bill Text download pdf

Comments