NCJ Number
58570
Date Published
1976
Length
41 pages
Annotation
A SURVEY OF SMALL CLAIMS COURT USERS FINDS THAT ALL WHO SETTLED THEIR CASES WITHOUT TRIAL ACTUALLY RECOVERED THE AMOUNT OF SETTLEMENT, BUT THOSE WHO WENT TO TRIAL WERE UNABLE TO COLLECT IN 40 PERCENT OF THE CASES.
Abstract
THE NEW YORK PUBLIC INTEREST RESEARCH GROUP INTERVIEWED 133 OF THE 510 PERSONS WHO FILED CLAIMS IN NEW YORK CITY'S SMALL CLAIMS COURT IN FEBRUARY 1974 AND FEBRUARY 1975. THEIR RESPONSES WERE COMPARED WITH THOSE FROM A SAMPLE OF 134 CLAIMANTS OUT OF 275 WHO FILED IN FEBRUARY 1976, AFTER HIGHLY-PUBLICIZED AMENDMENTS WERE PASSED TO REMEDY THE PROBLEMS IN COLLECTING JUDGMENTS. THE SURVEY FOUND THAT CLAIMANTS WERE QUITE SATISFIED WITH THE COURT PROCEDURES AND FOUND THE COURT PERSONNEL POLITE AND HELPFUL. THE THREAT OF APPEARANCE IN SMALL CLAIMS COURT WAS ENOUGH TO COAX OTHERWISE RELUCTANT DEFENDANTS INTO SETTLING OUT OF COURT. ABOUT A FOURTH OF ALL CASES WERE SETTLED BEFORE COMING TO TRIAL, AND IN EACH OF THESE CASES THE CLAIMANTS WERE ABLE TO COLLECT. HOWEVER, IF THE CASE WENT TO TRIAL, IT WAS DIFFICULT TO COLLECT THE JUDGMENT; 43.8 PERCENT OF THE 1976 SAMPLE AND 40.7 PERCENT OF THE 1974-75 SAMPLE HAD BEEN UNABLE TO COLLECT ANY MONEY ON JUDGMENTS AWARDED AS FAR BACK AS MARCH 1974. THEREFORE, THE HIGHLY-PUBLICIZED LAWS TO IMPROVE COLLECTIONS APPEAR TO BE OF NO ASSISTANCE IN REFORMING THE SYSTEM. NOT A SINGLE CASE HAS BEEN FILED UNDER THE TREBLE DAMAGES PROVISION, WHICH PROVIDES THAT DEBTORS WHO HAVE NOT SATISFIED SMALL CLAIMS JUDGMENTS AGAINST THEM CAN BE HELD LIABLE TO THE CLAIMANTS FOR THREE TIMES THE AMOUNT OF THE JUDGMENTS PLUS ATTORNEYS' FEES. OTHER REFORM EFFORTS HAVE BEEN UNSUCCESSFUL, SUCH AS THE PROVISION WHICH EXEMPTS CLAIMANTS FROM PAYING SHERIFF'S FILING FEES PRIOR TO THE SHERIFF'S SEIZURE OF DEFENDANT'S PROPERTY; IN THIS INSTANCE OTHER SHERIFF'S FEES AND EXPENSES DISCOURAGE USE OF THESE SERVICES. THE REPORT CONTAINS TABLES, NOTES, REFERENCES, AND A SUMMARY OF SURVEY RESULTS. (GLR)