NCJ Number
58571
Date Published
1978
Length
58 pages
Annotation
THE SMALL CLAIMS COURT ACTION CENTER OF NEW YORK CITY WAS A 1-YEAR EXPERIMENT SET UP TO HELP CONSUMERS COLLECT JUDGMENTS. IT RESOLVED 41 PERCENT OF ITS CASELOAD AND MADE NUMEROUS LEGISLATIVE AND PROCEDURAL RECOMMENDATIONS.
Abstract
THE PROJECT WAS ONE OF FIVE CONDUCTED BY THE NEW YORK PUBLIC INTEREST RESEARCH GROUP IN VARIOUS CITIES IN NEW YORK. A CORE PROFESSIONAL STAFF AND VOLUNTEER LAW STUDENTS WROTE TO LICENSING AGENCIES, CONTACTED FINANCIAL INSTITUTIONS IN WHICH DEBTORS HAD ACCOUNTS, AND OTHERWISE ASSISTED SMALL COURTS CLAIMANTS WHO HAD BEEN UNSUCCESSFUL IN COLLECTING JUDGMENTS. AS OF THE CLOSING DATE, MAY 15, 1978, THE ACTION CENTER HAD HANDLED 1,083 CASES, NOT COUNTING REQUESTS FOR INFORMATION OR REFERRALS OF CASES OUTSIDE THE GROUP'S AUTHORITY. OF THESE, 448 WERE RESOLVED, 23 SUCCESSFULLY. IN THE REMAINING CASES, THE CLAIMANT FAILED TO BRING BY THE NECESSARY PAPERS, HAD MOVED, OR OTHERWISE HAD FAILED TO CONTINUE ACTION. THE TWO BIGGEST OBSTACLES TO COLLECTION WERE THE CLAIMANT WHO HAD INCORRECT INFORMATION AND THE DEBTOR WHO HAD MOVED. ONE OF THE BIGGEST PROBLEMS WAS A LEGALLY UNENFORCABLE JUDGMENT BECAUSE THE PERSON HAD SUED A BUSINESS UNDER ITS COMMON NAME, RATHER THAN ITS LEGAL NAME. A NUMBER OF STATUTE CHANGES ARE SUGGESTED INCLUDING ALLOWING JUDGMENTS AGAINST A FIRM'S COMMON BUSINESS NAME TO BE ENFORCED ON THE SAME BASIS AS CLAIMS AGAINST THE LEGAL NAME AND SIMPLIFYING INFORMATION REQUIREMENTS FOR THE SHERIFF'S FORM. APPENDIXES CONTAIN A CASELOAD ANALYSIS, THE CENTER'S INTRODUCTORY BROCHURE, NEWSPAPER ARTICLE AND LETTER, AND SMALL CLAIMS COURT LEGISLATION INTRODUCED IN THE 1978 NEW YORK LEGISLATURE.