CPLR 5044 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5043 Posting and maintaining security up ARTICLE 50-B Periodic Payment of Judgments In Personal Injury, Injury to Property and Wrongful Death Actions next SECTION 5045 Effect of death of judgment creditor Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5044 Failure to make payment Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50-B § 5044. Failure to make payment. If at any time following entry of judgment, a judgment debtor fails for any reason to make a payment in a timely fashion according to the terms of this article, the judgment creditor may petition the court which rendered the original judgment for an order requiring payment by the judgment debtor of the outstanding payments in a lump sum. In calculating the amount of the lump sum judgment, the court shall total the remaining periodic payments due and owing to the judgment creditor, as calculated pursuant to subdivision (e) of section five thousand forty-one of this article, and shall not convert these amounts to their present value. The court may also require the payment of interest on the outstanding judgment.