Legislation
SECTION 1811
Notice of small claims judgments and indexing of unpaid claims
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 18
§ 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
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.
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
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.