calgal2180
May 16, 2012, 06:50 PM
Upon receiving judgment in my favor in small claims (NY), the defendant filed an appeal. However, based on NY small claims court guide, even if an appeal has been filed I can still move forward to collect my judgment-ONLY IF a bond or undertaking has not been posted. Basked on the NY Unified Court System, if the judgment has remained unpaid for 35 days, I can notify the appropriate state agency (NOTE: The defendant is a car dealership). Failur to pay the judgment could result in suspension of the business license. Also, even if the small claims judgment is appealled, the amount must be paid unless a bond or undertaking has been paid. And finally, the pendency of an appeal doesn't prevent the prevailing party (me) from collecting the judgment.
I waited the 35 days and went to the court to find the defendant DID NOT pay a bond/undertaking, so I contacted the appropriate state agency-DMV. In turn, the DMV sent a notice to the defendant stating he must pay the judgment to the DMV within 30 days or risk his business license being suspended. I also rec'd a copy of the notice. So, I took a copy of the notice to the small claims court on Mon 5/7 for them to keep on file along with a letter of explanation. I was told whatever I give to the court, I must present to the defendant. So I sent him a copy of the notice (even though he had already received one from the DMV). He received it on Tues 5/8 via cert. mail. I then rec'd a letter from the court dated Wed 5/9 that the defendant came into the court and paid the bond/undertaking ONLY AFTER both the court and the defendant received copies of the DMV notice.
My question: Is the court allowed accept this bond/undertaking even after both the court AND defendant rec'd notice that he was to pay the judgment to the DMV and it was after the 35 days (as noted above)?
NOTE: The defendant is a police officer in the same jurisdiction as the court.
I waited the 35 days and went to the court to find the defendant DID NOT pay a bond/undertaking, so I contacted the appropriate state agency-DMV. In turn, the DMV sent a notice to the defendant stating he must pay the judgment to the DMV within 30 days or risk his business license being suspended. I also rec'd a copy of the notice. So, I took a copy of the notice to the small claims court on Mon 5/7 for them to keep on file along with a letter of explanation. I was told whatever I give to the court, I must present to the defendant. So I sent him a copy of the notice (even though he had already received one from the DMV). He received it on Tues 5/8 via cert. mail. I then rec'd a letter from the court dated Wed 5/9 that the defendant came into the court and paid the bond/undertaking ONLY AFTER both the court and the defendant received copies of the DMV notice.
My question: Is the court allowed accept this bond/undertaking even after both the court AND defendant rec'd notice that he was to pay the judgment to the DMV and it was after the 35 days (as noted above)?
NOTE: The defendant is a police officer in the same jurisdiction as the court.