Section 5021. Entry of satisfaction


Latest version.
  • (a) Entry upon satisfaction-piece,
      court order, deposit into court, discharge of compounding joint  debtor.
      The clerk of the court in which the judgment was entered or, in the case
      of  a  judgment  of  a  court other than the supreme, county or a family
      court which has been docketed by the clerk of the county in which it was
      entered, such county clerk, shall make an entry of the  satisfaction  or
      partial satisfaction on the docket of the judgment upon:
        1.  the  filing of a satisfaction-piece or partial satisfaction-piece;
      or
        2. the order of the court, made upon motion with such notice to  other
      persons  as  the court may require, when the judgment has been wholly or
      partially satisfied but the judgment debtor  cannot  furnish  the  clerk
      with a satisfaction-piece or partial satisfaction-piece; or
        3.  the  deposit  with  the clerk of a sum of money which satisfies or
      partially satisfies the judgment pursuant to an order of the court, made
      upon motion with such notice to other persons as the court may  require,
      permitting  such  deposit;  such  an  order shall not be made unless the
      court is satisfied that there are no  outstanding  executions  on  which
      sheriff's fees have not been paid; or
        4.  the  filing  of  an  instrument  specified in article eight of the
      debtor and creditor law, executed by a creditor releasing or discharging
      a compounding joint debtor; in such case, the entry on the docket of the
      judgment  shall  state  that  the  judgment  is  satisfied  as  to   the
      compounding debtor only.
        (b)  Entry  upon  return  of  execution.    A  sheriff shall return an
      execution to the clerk of the court from which the execution  issued  if
      such  execution  is  wholly  or partially satisfied, and the clerk shall
      make an appropriate entry on his docket of  the  judgment.  The  sheriff
      shall  also  deliver  to  the  person  making  payment,  upon request, a
      certified copy of the execution and of the  return  of  satisfaction  or
      partial satisfaction. Upon the filing of such copy with the clerk of the
      county  where  the  execution  was  satisfied,  such  clerk  shall enter
      satisfaction or partial satisfaction on  his  docket  of  the  judgment.
      Provided however that, in addition, a return of execution arising out of
      an  action  brought  pursuant  to  article eighteen of the New York city
      civil court act, article eighteen of the uniform city court act, article
      eighteen of the uniform district court act, or article eighteen  of  the
      uniform  justice  court  act shall be made and entered whether wholly or
      partially satisfied, or unsatisfied, within ninety days after receipt of
      the judgment by the sheriff and the  clerk  shall  make  an  appropriate
      entry on his docket of the judgment.
        (c)  Entry  upon  certificate. Upon the filing of a certificate of the
      clerk of the county in which the judgment was entered, stating that  the
      judgment  has been wholly or partially satisfied, the clerk of any court
      or county where a judgment has been docketed shall make  an  appropriate
      entry on his docket of the judgment.