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A04309 Summary:

BILL NOA04309
 
SAME ASNo same as
 
SPONSORBrennan
 
COSPNSR
 
MLTSPNSR
 
Amd S5222, CPLR
 
Provides that leave of court shall only be required for serving a subsequent notice of a restraining order when such order is served within a twelve month period of another notice.
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A04309 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4309
 
SPONSOR: Brennan
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the serving of more than one notice of a restraining order   PURPOSE OR GENERAL IDEA OF BILL: To amend §5222(c) of the CPLR regard- ing restraining notices. As the law presently stands, leave of the court is required before a second restraining notice may be served upon the same judgment upon the same entity. This bill would amend that restriction to any 12-month period.   JUSTIFICATION: Standard collection practice is to serve a combined information subpoena with a restraining notice in one document on banks and other financial institutions to determine whether they are in possession of any property owned or controlled by a judgment debtor. Thus, if at the time the subpoena is received by the bank there are leviable assets of the debtor, which are disclosed by the bank in response to the subpoena's accompanying questionnaire, those assets are simultaneously restrained for a period of one year. This disables the judgement debtor from removing or secreting the located assets. As the law presently stands, leave of the court is required before a second restraining notice upon the same judgment is served upon the same entity. This makes it extremely difficult for a judgment creditor to locate assets. This bill would strike a balance between the needs of judgment creditors to search for leviable assets and needs of third parties, including banks and financial institutions, to be free of unnecessarily repetitive service of restraining notices.   PRIOR LEGISLATIVE HISTORY: A7312 of 2003-2004; A6953 of 2005-06 - Passed Assembly A5994 of 2007-08 - passed Assembly A4965 - 2009-10; A4926 of 2011-12 - in Codes   FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None.   EFFECTIVE DATE: Immediately upon enactment.
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