What's happening
This bill amends procedures for entering judgments by confession, limiting filing locations and clarifying residency rules for individuals and businesses.
Why it matters
Restricts "judgment by confession" filings to where the defendant resides. (instead of allowing filings in any county chosen by the filer), significantly reducing the ability of creditors to choose distant or inconvenient venues that may disadvantage defendants.
Clarifies residency rules for businesses. by specifying that a non-natural person (like a corporation or LLC) “resides” in any county where it has a place of business, potentially affecting where judgments can be entered against companies operating in multiple locations.
Limits potential for abuse by out-of-state or non-resident defendants. by removing prior provisions that allowed filings based on non-residency, tightening the process to be more transparent and fair for individuals and businesses alike.
Creates a law enforcement carve-out. by allowing government agencies enforcing civil or criminal law to file affidavits for judgment by confession in any county statewide, ensuring public agencies retain flexibility for enforcement actions while private parties are more restricted.
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Who cares
Headline styles
Tighten Confession Judgment Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by S6395
- Ordered to third reading rules cal.395
- Rules report cal.395
- Reported
- Reported referred to rules
- Reported referred to codes
- Print number 7500a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Judgment by Confession
Signed by Governor · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7500--A
2019-2020 Regular Sessions
IN ASSEMBLY
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 judgment by confession
The People of the State of New York, represented in Senate and Assembly, 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 subdivision (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 affidavit is executed, it may be filed, but only with the clerk of the county 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 designated 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
A. 7500--A 2
Notwithstanding any other provision of law to the contrary, a government 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 within the state.
§ 2. This act shall take effect immediately and apply to judgments by confession entered upon affidavits filed on or after such effective date.
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.