United States · New York limitation periods
When is a New York money judgment presumed paid?
CPLR 211(b) creates a twenty-year payment presumption from first enforceability, with acknowledgment and payment qualifications. It is not one automatic filing deadline.
- Period
- 20-year payment presumption with stated qualifications
- Trigger
- First enforceability and any qualifying signed acknowledgment or payment
- Rule
- CPLR 211(b)
Current official statutory text reviewed. A displayed Senate revision date is not an amendment effective date.
Source guide · No automated date
When is a New York money judgment presumed paid?
This is a qualified evidentiary presumption, not a single commencement deadline. The ordinary filing-day rollover and one first-enforceability date cannot decide its effect.
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Which event controls this CPLR 211(b) inquiry?
Identify the money judgment and when the recovering party first became entitled to enforce it. Entry date is not assumed to establish that legal event.
The conclusive presumption has express qualifications for acknowledgment or payment within the twenty years, including the person and those represented or succeeding as stated.
An acknowledgment must be written and signed by the person to be charged. The statute separately treats specified enforcement-order or levy property as payment, subject to its stated showing.
Following a qualifying acknowledgment or payment, the text uses the last acknowledgment or payment for its further twenty-year presumption. Subsection (e) separately measures support, alimony or maintenance from payment default.
CPLR 211(b)Which periods must be established before counting?
- Identify the money judgment and when the recovering party first became entitled to enforce it. Entry date is not assumed to establish that legal event.
- The conclusive presumption has express qualifications for acknowledgment or payment within the twenty years, including the person and those represented or succeeding as stated.
- An acknowledgment must be written and signed by the person to be charged. The statute separately treats specified enforcement-order or levy property as payment, subject to its stated showing.
- Following a qualifying acknowledgment or payment, the text uses the last acknowledgment or payment for its further twenty-year presumption. Subsection (e) separately measures support, alimony or maintenance from payment default.
- This guide supplies no fixed date. Establish and compare the procedure’s actual events, qualifications and periods separately. A money-judgment presumption is not automatically a statutory filing act eligible for next-business-day rollover.
- Preserve first enforceability, signed acknowledgments, qualifying payments and actual enforcement history. This presumption is not a filing deadline or renewal judgment.
A calendar anniversary cannot decide the statutory classification or supply missing facts. No computed or paid date is published.
CPLR 211(b)What distinguishes the relevant statutory branches?
Fictitious comparison. Two judgments first became enforceable at the same time. One has a qualifying signed acknowledgment and payment history, while the other does not. One common twenty-year anniversary cannot establish the same presumption.
This is a qualified evidentiary presumption, not a single commencement deadline. The ordinary filing-day rollover and one first-enforceability date cannot decide its effect.
Which qualifications change this inquiry?
- Acknowledgment formalities
- The writing and signature requirements matter. A selected calendar date does not establish them.
- Payment through enforcement
- An enforcement order or execution levy can count as payment under the stated condition.
- Support is separate
- Subsection (e) is an enforcement action or proceeding measured from default, not the subsection (b) presumption.
- Historical executive-order toll
- The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.
- Preserve the applicable edition and establish the actual statutory facts independently.
- This is a qualified evidentiary presumption, not a single commencement deadline. The ordinary filing-day rollover and one first-enforceability date cannot decide its effect.
Which facts and completed acts should be preserved?
Questions about CPLR 211(b)
When is a New York money judgment presumed paid?
Does twenty years mean every judgment automatically disappears?
The presumption’s qualifications and the actual person charged must be reviewed under subsection (b).
CPLR 211Can partial payment matter?
The text includes payment of all or part and uses the last qualifying payment or acknowledgment in its further formula.
CPLR 211Does the calculator extend a Saturday payment presumption to Monday?
No date is computed here. A legal presumption is not automatically a statutory act due on a filing day.
CPLR 211Official New York sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| CPLR 211(b) | The particular statutory procedure and its conditions |
| CPLR 203(a), (c) | The separately identified qualification or accrual provision |
| CPLR 202 | The separately identified qualification or accrual provision |
| Brash v Richards, 195 AD3d 582 (2d Dept 2021) | Historical tolling and the calculator’s scope boundary |
| General Construction Law 20 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 30 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 58 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 24 | Applicable event-day, calendar-interval or statutory final-day provision |
| General Construction Law 25-a | Applicable event-day, calendar-interval or statutory final-day provision |
| CPLR 304 | Commencement by filing, separate from defendant service |
| 22 NYCRR 202.5-b(d)(3)(i), (f)(1) | Recorded transmission and required fee information in the applicable NYSCEF program; initiating filing does not itself serve a defendant |