FCA § 475

Procedure as to defaults

§ 475. Procedure as to defaults. If the surety contests the default the court shall hear and determine the issue. In the event that the court finds that a default has been suffered, it shall make an order specifying the amount in default and forfeiting the undertaking or cash deposit to the extent of such default. A certified copy of such order shall be filed in the county clerk's office with a certified copy of the undertaking and thereupon the said clerk shall docket the same in the book kept by the clerk for the docketing of judgments, as if the same was a transcript of a judgment directed for the amount of such sum in default. The certified copy of the undertaking and of the order shall be the judgment record. Such judgment shall be a lien on all of the real estate and collectible out of the real and personal property of the surety. An execution may be issued to collect the amount thereof in the same manner as upon a judgment recovered in any court of record.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/475

In plain English

If the surety contests, the court decides. On finding a default, the court forfeits the undertaking/cash to the extent of the default; a certified order + undertaking is docketed as a judgment with the county clerk, becoming a lien collectible by execution.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.