2006 New York Code - Enforcement Of Small Claims Judgments.



 
    §  1812.  Enforcement  of  small  claims  judgments.  (a)  The special
  procedures set forth in subdivision (b) hereof shall be  available  only
  where:
    1. there is a recorded judgment of a small claims court; and
    2.  (i)  the  aforesaid  judgment  resulted  from a transaction in the
  course of the trade or business of the judgment debtor, or arose out  of
  a repeated course of dealing or conduct of the judgment debtor, and (ii)
  there  are  at least two other unsatisfied recorded judgments of a small
  claims court arising out of such trade or business or repeated course of
  dealing or conduct, against that judgment debtor; and
    3. the judgment debtor failed to satisfy such judgment within a period
  of thirty days after receipt of notice of  such  judgment.  Such  notice
  shall  be  given  in  the  same  manner as provided for the service of a
  summons or by  certified  mail,  return  receipt  requested,  and  shall
  contain  a  statement that such judgment exists, that at least two other
  unsatisfied recorded judgments exist,  and  that  failure  to  pay  such
  judgment  may  be the basis for an action, for treble the amount of such
  unsatisfied judgment, pursuant to this section.
    (b) Where each of the elements of subdivision (a) of this section  are
  present  the  judgment  creditor shall be entitled to commence an action
  against said judgment debtor for treble the amount of  such  unsatisfied
  judgment,  together  with  reasonable  counsel  fees,  and the costs and
  disbursements of such action, provided, however, that in any such action
  it shall be a defense that the judgment debtor did not have resources to
  satisfy such judgment within a period of thirty days  after  receipt  of
  notice  of  such  judgment. The failure to pay a judgment obtained in an
  action pursuant to this section shall not be the basis for another  such
  action pursuant to this section.
    (c)   Where  the  judgment  is  obtained  in  an  action  pursuant  to
  subdivision (b), and arises from a business of the defendant, the  court
  shall,  in  addition  to its responsibilities under this article, advise
  the attorney general in relation  to  his  authority  under  subdivision
  twelve of section sixty-three of the executive law, and if such judgment
  arises  from  a  certified or licensed business of the defendant, advise
  the state or local licensing or certifying authority.
    (d) Where a judgment has been entered in  a  small  claims  court  and
  remains  unsatisfied,  the small claims clerk shall, upon request, issue
  information subpoenas, at nominal cost, for the  judgment  creditor  and
  provide  the  creditor with assistance on their preparation and use. The
  court shall have the same  power  as  the  supreme  court  to  punish  a
  contempt of court committed with respect to an information subpoena.

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.