2006 New York Code - Notice Of Small Claims Judgments And Indexing Of Unpaid Claims.



 
  § 1811. Notice of small claims judgments and indexing of unpaid claims.
    (a)  Notice  of  judgment sent to judgment debtor shall specify that a
  failure to satisfy a judgment may subject  the  debtor  to  any  one  or
  combination of the following actions:
    1. garnishment of wage;
    2. garnishment of bank account;
    3. a lien on personal property;
    4. seizure and sale of real property;
    5. seizure and sale of personal property, including automobiles;
    6.  suspension  of motor vehicle license and registration, if claim is
  based on defendant's ownership or operation of a motor vehicle;
    7. revocation, suspension, or denial  of  renewal  of  any  applicable
  business license or permit;
    8.   investigation   and  prosecution  by  the  attorney  general  for
  fraudulent or illegal business practices; and
    9. a penalty equal to  three  times  the  amount  of  the  unsatisfied
  judgment plus attorney's fees, if there are other unpaid claims.
    (b) Notice of judgment sent to judgment creditor shall contain but not
  be limited to the following information:
    1.  the  claimant's  right to payment within thirty days following the
  debtor's receipt of the judgment notice;
    2. the procedures for use of section eighteen hundred twelve  of  this
  article  concerning  the identification of assets of the judgment debtor
  including the use of information subpoenas, access  to  consumer  credit
  reports  and  the  role of sheriffs and marshals, and actions to collect
  three times the judgment award and attorney's  fees  if  there  are  two
  other unsatisfied claims against the debtor;
    3.  the  claimant's  right  to  initiate actions to recover the unpaid
  judgment through the sale of the debtor's  real  property,  or  personal
  property;
    4.  the  claimant's  right  to  initiate actions to recover the unpaid
  judgment through  suspension  of  debtor's  motor  vehicle  license  and
  registration, if claim is based on defendant's ownership or operation of
  a motor vehicle;
    5.  the  claimant's  right  to  notify  the appropriate state or local
  licensing or certifying authority of an unsatisfied judgment as a  basis
  for  possible  revocation,  suspension, or denial of renewal of business
  license; and
    6. a statement that upon satisfying the judgment, the judgment  debtor
  shall present appropriate proof thereof to the court; and
    7.  the  claimant's right to notify the attorney general if the debtor
  is a business and  appears  to  be  engaged  in  fraudulent  or  illegal
  business practices.
    (c)  Notice of judgment sent to each party shall include the following
  statement: "An appeal from this judgment must be taken no later than the
  earliest of the following dates: (i) thirty days after receipt in  court
  of a copy of the judgment by the appealing party, (ii) thirty days after
  personal  delivery  of  a  copy  of the judgment by another party to the
  action to the appealing party (or by  the  appealing  party  to  another
  party),  or  (iii)  thirty-five  days after the mailing of a copy of the
  judgement to the appealing party by the clerk of the court or by another
  party to the action."
    (d) All wholly or partially unsatisfied small claims  court  judgments
  shall  be  indexed  alphabetically and chronologically under the name of
  the judgment debtor. Upon satisfying the judgment, the  judgment  debtor
  shall  present  appropriate  proof  to  the  court  and  the court shall
  indicate such in the record.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.