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.