Legislation
SECTION 1813
Duty to pay judgments
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 18
§ 1813. Duty to pay judgments. (a) Any person, partnership, firm or
corporation which is sued in a small claims court for any cause of
action arising out of its business activities, shall pay any judgment
rendered against it in its true name or in any name in which it conducts
business. "True name" includes the legal name of a natural person and
the name under which a partnership, firm or corporation is licensed,
registered, incorporated or otherwise authorized to do business.
"Conducting business" as used in this section shall include, but not be
limited to, maintaining signs at business premises or on business
vehicles; advertising; entering into contracts; and printing or using
sales slips, checks, invoices or receipts. Whenever a judgment has been
rendered against a person, partnership, firm or corporation in other
than its true name and the judgment has remained unpaid for thirty-five
days after receipt by the judgment debtor of notice of its entry, the
aggrieved judgment creditor shall be entitled to commence an action in
small claims court or in any other court of otherwise competent
jurisdiction against such judgment debtor, notwithstanding the
jurisdictional limit of the court, for the sum of the original judgment,
costs, reasonable attorney's fees, and one hundred dollars.
(b) Whenever a judgment which relates to activities for which a
license is required has been rendered against a business which is
licensed by a state or local licensing authority and which remains
unpaid for thirty-five days after receipt by the judgment debtor of
notice of its entry and the judgment has not been stayed or appealed,
the state or local licensing authority shall consider such failure to
pay if deliberate or part of a pattern of similar conduct indicating
recklessness, as a basis for the revocation, suspension, conditioning or
refusal to grant or renew such license. Nothing herein shall be
construed to preempt an authority's existing policy if it is more
restrictive.
(c) The clerk shall attach to the notice of suit required under this
article a notice of the duty imposed by this section.
corporation which is sued in a small claims court for any cause of
action arising out of its business activities, shall pay any judgment
rendered against it in its true name or in any name in which it conducts
business. "True name" includes the legal name of a natural person and
the name under which a partnership, firm or corporation is licensed,
registered, incorporated or otherwise authorized to do business.
"Conducting business" as used in this section shall include, but not be
limited to, maintaining signs at business premises or on business
vehicles; advertising; entering into contracts; and printing or using
sales slips, checks, invoices or receipts. Whenever a judgment has been
rendered against a person, partnership, firm or corporation in other
than its true name and the judgment has remained unpaid for thirty-five
days after receipt by the judgment debtor of notice of its entry, the
aggrieved judgment creditor shall be entitled to commence an action in
small claims court or in any other court of otherwise competent
jurisdiction against such judgment debtor, notwithstanding the
jurisdictional limit of the court, for the sum of the original judgment,
costs, reasonable attorney's fees, and one hundred dollars.
(b) Whenever a judgment which relates to activities for which a
license is required has been rendered against a business which is
licensed by a state or local licensing authority and which remains
unpaid for thirty-five days after receipt by the judgment debtor of
notice of its entry and the judgment has not been stayed or appealed,
the state or local licensing authority shall consider such failure to
pay if deliberate or part of a pattern of similar conduct indicating
recklessness, as a basis for the revocation, suspension, conditioning or
refusal to grant or renew such license. Nothing herein shall be
construed to preempt an authority's existing policy if it is more
restrictive.
(c) The clerk shall attach to the notice of suit required under this
article a notice of the duty imposed by this section.