Section 1811. Notice of small claims judgments and indexing of unpaid claims  


Latest version.
  • (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
      judgment 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 records.