New York A 7545: Relates to certain judgments by confession

Bill Text

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A07545 Summary:

BILL NOA07545 

&nbsp

SAME ASSAME AS S02305

&nbsp

SPONSORLavine

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §3218, CPLR

&nbsp

Prohibits the entry of a judgment by confession on amounts due from one or more individuals for personal, family, household, consumer or non-business purposes and on a debt incurred if the principal amount of such debt was less than $5,000,000.

Go to top A07545 Actions:

BILL NOA07545 

&nbsp

04/01/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07545 Committee&nbspVotes:

Go to topA07545 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07545 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7545

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 1, 2025
 ___________

 Introduced by M. of A. LAVINE -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to certain
 judgments by confession

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of section 3218 of the civil practice law
 2 and rules, as amended by chapter 311 of the laws of 1963, paragraph 1 as
 3 amended by chapter 831 of the laws of 2021, is amended to read as
 4 follows:
 5 (a) Affidavit of defendant. Except as provided in section thirty-two
 6 hundred one of this article and subdivision (e) of this section, a judg-
 7 ment by confession may be entered, without an action, either for money
 8 due or to become due, or to secure the plaintiff against a contingent
 9 liability [in] on behalf of the defendant, or both, upon an affidavit
 10 executed by the defendant[;]:
 11 1. stating the sum for which judgment may be entered, authorizing the
 12 entry of judgment, and stating the county where the defendant resides
 13 [and, if applicable, stating that the interest rate for consumer debt
 14 pursuant to section five thousand four of this chapter applies];
 15 2. if the judgment to be confessed is for money due or to become due,
 16 stating concisely the facts out of which the debt arose and showing that
 17 the sum confessed is justly due or to become due; and
 18 3. if the judgment to be confessed is for the purpose of securing the
 19 plaintiff against a contingent liability, stating concisely the facts
 20 constituting the liability and showing that the sum confessed does not
 21 exceed the amount of the liability.
 22 § 2. Section 3218 of the civil practice law and rules is amended by
 23 adding a new subdivision (e) to read as follows:
 24 (e) Prohibition on certain judgments by confession. No judgment by
 25 confession may be entered on:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05691-01-5

 A. 7545 2

 1 1. any amount due from one or more individuals for personal, family,
 2 household, consumer, or other non-business purposes; or
 3 2. any amount due on a debt incurred by any person for any purpose if
 4 the principal amount of such debt was less than five million dollars at
 5 the time the debt was incurred.
 6 § 3. This act shall take effect immediately and apply to judgments by
 7 confession entered upon affidavits filed on or after such effective
 8 date.

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