FCA § 479

When new security required

§ 479. When new security required. After an undertaking has been given or cash has been deposited and it shall appear upon proof by affidavit either

(a) that a judgment entered upon default can not be collected; or

(b) that the liability of the surety has ceased; or

(c) that the money deposited has been applied in full; or

(d) that personal service cannot be effected upon the surety or the person depositing the cash; or

(e) if for any reason the court shall find that there is not sufficient security, the court may issue a summons requiring the respondent to appear or a warrant for the arrest of the respondent, and require him to give new or additional security. In default thereof the court may commit him under the original order in the manner hereinabove provided.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/479

In plain English

After an undertaking/cash deposit, on affidavit proof that a default judgment can't be collected, surety liability ceased, the money's used up, the surety can't be served, or security is otherwise insufficient, the court may summon/arrest the respondent to give new or additional security — and in default, commit him under the original order.

★ Exam hits:

Verbatim statute: FCA - Article 4

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.