Legislation
SECTION 1813-A
Duty to pay judgments
Uniform District Court Act (UDC) CHAPTER 565, ARTICLE 18-A
§ 1813-A. Duty to pay judgments.
(a) Any person, partnership, firm or corporation which is sued in a
commercial claims part 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 commercial claims part
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.
(a) Any person, partnership, firm or corporation which is sued in a
commercial claims part 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 commercial claims part
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.