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2022 New York Laws
CVP - Civil Practice Law and Rules
Article 50 - Judgments Generally
5004 - Rate of Interest.

Universal Citation:
NY CPLR § 5004 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  5004.  Rate  of interest. (a) Interest shall be at the rate of nine
per centum per  annum,  except  where  otherwise  provided  by  statute;
provided the annual rate of interest to be paid in an action arising out
of  a  consumer  debt where a natural person is a defendant shall be two
per centum per annum (i) on a judgment or accrued  claim  for  judgments
entered on or after the effective date of the chapter of the laws of two
thousand  twenty-one  which  amended this section, and (ii) for interest
upon a judgment pursuant to section five thousand three of this  article
from the date of the entry of judgment on any part of a judgment entered
before  the  effective  date  of the chapter of the laws of two thousand
twenty-one which  amended  this  section  that  is  unpaid  as  of  such
effective date.

(b) For the purpose of this section "consumer debt" means any obligation or alleged obligation of any natural person to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes, whether or not such obligation has been reduced to judgment, including, but not limited to, a consumer credit transaction, as defined in subdivision (f) of section one hundred five of this chapter.

(c) This section does not affect or create any rights or remedies related to any amounts paid prior to the effective date of this subdivision, including amounts paid to satisfy judgments or to accrued interest or fees paid, or with respect to judgments satisfied prior to the effective date of this subdivision. For amounts paid prior to the effective date of this subdivision and lawfully applied in satisfaction or partial satisfaction of interest or fees accrued prior to the effective date of this subdivision, this section shall not be construed to require a judgment creditor or sheriff to (i) return or refund such amounts to judgment debtors; or (ii) apply such payments to satisfy any part of a money judgment other than fees or interest upon judgment pursuant to section five thousand three of this article.

(d) If any word, phrase, clause, sentence, paragraph, subdivision, or part of this section or its application to any person or circumstance is held invalid by any court of competent jurisdiction after exhaustion of all further judicial review, the invalidity shall not affect, impair, or invalidate the remainder of this section or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

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