§ 5021 — Entry of satisfaction

New York § 5021

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 50: Judgments Generally

Text

§ 5021. Entry of satisfaction. (a) Entry upon satisfaction-piece,\ncourt order, deposit into court, discharge of compounding joint debtor.\nThe clerk of the court in which the judgment was entered or, in the case\nof a judgment of a court other than the supreme, county or a family\ncourt which has been docketed by the clerk of the county in which it was\nentered, such county clerk, shall make an entry of the satisfaction or\npartial satisfaction on the docket of the judgment upon:\n 1. the filing of a satisfaction-piece or partial satisfaction-piece;\nor\n 2. the order of the court, made upon motion with such notice to other\npersons as the court may require, when the judgment has been wholly or\npartially satisfied but the judgment debtor cannot furnish the clerk\nwith a satisfaction-piece or partial satisfaction-piece; or\n 3. the deposit with the clerk of a sum of money which satisfies or\npartially satisfies the judgment pursuant to an order of the court, made\nupon motion with such notice to other persons as the court may require,\npermitting such deposit; such an order shall not be made unless the\ncourt is satisfied that there are no outstanding executions on which\nsheriff's fees have not been paid; or\n 4. the filing of an instrument specified in article eight of the\ndebtor and creditor law, executed by a creditor releasing or discharging\na compounding joint debtor; in such case, the entry on the docket of the\njudgment shall state that the judgment is satisfied as to the\ncompounding debtor only.\n (b) Entry upon return of execution. A sheriff shall return an\nexecution to the clerk of the court from which the execution issued if\nsuch execution is wholly or partially satisfied, and the clerk shall\nmake an appropriate entry on his docket of the judgment. The sheriff\nshall also deliver to the person making payment, upon request, a\ncertified copy of the execution and of the return of satisfaction or\npartial satisfaction. Upon the filing of such copy with the clerk of the\ncounty where the execution was satisfied, such clerk shall enter\nsatisfaction or partial satisfaction on his docket of the judgment.\nProvided however that, in addition, a return of execution arising out of\nan action brought pursuant to article eighteen of the New York city\ncivil court act, article eighteen of the uniform city court act, article\neighteen of the uniform district court act, or article eighteen of the\nuniform justice court act shall be made and entered whether wholly or\npartially satisfied, or unsatisfied, within ninety days after receipt of\nthe judgment by the sheriff and the clerk shall make an appropriate\nentry on his docket of the judgment.\n (c) Entry upon certificate. Upon the filing of a certificate of the\nclerk of the county in which the judgment was entered, stating that the\njudgment has been wholly or partially satisfied, the clerk of any court\nor county where a judgment has been docketed shall make an appropriate\nentry on his docket of the judgment.\n