Section 1812. Enforcement of small claims judgments  


Latest version.
  • (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.