§ 5020 — Satisfaction-piece

New York § 5020

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

Text

§ 5020. Satisfaction-piece. (a) Generally. When a person entitled to\nenforce a judgment receives satisfaction or partial satisfaction of the\njudgment, he shall execute and file with the proper clerk pursuant to\nsubdivision (a) of section 5021, a satisfaction-piece or partial\nsatisfaction-piece acknowledged in the form required to entitle a deed\nto be recorded, which shall set forth the book and page where the\njudgment is docketed. A copy of the satisfaction-piece or partial\nsatisfaction-piece filed with the clerk shall be mailed to the judgment\ndebtor by the person entitled to enforce the judgment within ten days\nafter the date of filing.\n (b) Attorney of record. Within ten years after the entry of a judgment\nthe attorney of record or the attorney named on the docket for the\njudgment creditor may execute a satisfaction-piece or a partial\nsatisfaction-piece, but if his authority was revoked before it was\nexecuted, the judgment may nevertheless be enforced against a person who\nhad actual notice of the revocation before a payment on the judgment was\nmade or a purchase of property bound by it was effected.\n (c) When a judgment for less than five thousand dollars is fully\nsatisfied, if the person required to execute and file with the proper\nclerk pursuant to subdivisions (a) and (d) of this section fails or\nrefuses to do so within twenty days after receiving full satisfaction,\nthen the judgment creditor shall be subject to a penalty of one hundred\ndollars recoverable by the judgment debtor pursuant to section\nseventy-two hundred two of this chapter or article eighteen of either\nthe New York City civil court act, uniform district court act or uniform\ncity court act. When a judgment for five thousand dollars or more is\nfully satisfied, if the person required to execute and file with the\nproper clerk pursuant to subdivisions (a) and (d) of this section fails\nor refuses to do so within twenty days after receiving full\nsatisfaction, then the judgment creditor shall be subject to a penalty\nof five hundred dollars recoverable by the judgment debtor pursuant to\nsection seventy-two hundred two of this chapter or article eighteen of\neither the New York city civil court act, uniform district court act or\nuniform city court act; provided, however, that such penalties shall not\nbe recoverable when a city with a population greater than one million\npersons is the judgment creditor, unless such judgment creditor shall\nfail to execute and file a satisfaction-piece with the proper clerk\npursuant to subdivisions (a) and (d) of this section within twenty days\nafter having been served by the judgment debtor with a written demand\ntherefor by certified mail, return receipt requested.\n (d) Where a transcript of the docket of a judgment has been docketed\nin any other county of the state pursuant to subdivision (a) of section\n5018, the person required to execute and file with the proper clerk\npursuant to subdivision (a) hereof shall, upon receiving full\nsatisfaction, file a certificate of the clerk of the county in which the\njudgment was entered, in accordance with subdivision (c) of section\n5021, with the clerks of all other counties in which such judgment has\nbeen docketed.\n