What's happening
This bill allows a $10 fee to be paid to non-debtors served with information subpoenas, with exceptions for government entities.
Why it matters
Provides compensation for non-debtors. who are served with information subpoenas, recognizing the time and effort required to respond, which could encourage greater compliance and cooperation from third parties.
Excludes government entities from the fee requirement,. meaning that when the state, municipalities, or their agencies are judgment creditors, they can still serve information subpoenas on third parties without paying the $10 fee, maintaining cost efficiency for government debt collection.
Does not change rules for judgment debtors,. so individuals or entities who owe the debt and are being subpoenaed for information will still not receive any fee, focusing the new expense only on uninvolved third parties.
May impact the cost and process of post-judgment discovery. for creditors (except government entities), potentially leading to careful consideration of when and whom to serve with information subpoenas, as there will now be a minor associated cost.
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Who cares
Headline styles
Allow Fees for Subpoena Service
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2780
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. M. G. MILLER -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to allowing fees to be charged in connection with the service of information subpoenas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (b) of rule 5224 of the civil practice law and rules, as amended by chapter 302 of the laws of 1994, is amended to read as follows:
(b) Fees. A judgment debtor served with a subpoena under this [section and any] rule shall not be entitled to any fee. Any other person served with an information subpoena shall [not be entitled to any fee] be paid in advance the sum of ten dollars, except that a person served with an information subpoena shall not be entitled to a fee where the state, a municipality, or an agency or officer of the state or a municipality, is the judgment creditor. Any other person served with a subpoena requiring attendance or the production of books and papers shall be paid or tendered in advance authorized traveling expenses and one day's witness fee.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02740-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.