[calgal2180]

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.

[ScottGem]

Can you post links to the specific laws and rules you are citing? There might not be any language preventing the court from accepting the bond even after the deadline.

[calgal2180]

A Guide to Small Claims Court

Based on this guide (p.16) it states: "If the small claims judgment arises out of conducting of the judgment debtor's licensed business, and your judgment has remained unpaid for 35 days, you can notify the appropriate state or local licensing authority. Failure to pay the judgment may be considered by the authority as a grounds for revoking or suspending the business license."
Also stated (p. 12): "Even if the small claims judgment is appealled, the amount awarded must be paid unless a bond or undertaking is paid to the small claims court....if you have been awarded a judgment and you receive a notice of appeal, you should call the court to find out if a bond or undertaking has been paid before attempting to collect the judgment."
Lastly, there was another document given to me by the court, stating: "the pendency of an appeal does not prevent the prevailing party from taking steps to enforce his/her judgment."
I waited the 35 days and the defendant DID NOT pay the bond/undertaking until AFTER he was served with a copy of the DMV suspension that I presented to the court (he already had a copy of the notice AND it was well past the 35 days).

[ScottGem]

Thank you for posting the links. But I'm afraid it doesn't support your case. The wording here is for guidelines, not hard and fast rules. I see nothing that precludes the court from accepting the bond after the 35 days. The good news is that since the bond has now been posted, if the appeal is denied, you can claim the bond as payment for the judgment.

[calgal2180]

OK... thank you. Just very frustrating for me. Cannot understand why they would impose a 35 day waiting period for me to collect a judgment in which no bond was posted AND NOT impose any time frame for posting the bond. Why bother have the waiting period... it was just a waste of time on my behalf. He only posted the bond AFTER the court got wind of the DMV notice.
Just makes me wonder if the 'guidelines' were bent a little, given the fact that the def. was a police officer.

[ScottGem]

Because many people are not as diligent as you (congratulations btw). So these guidelines are placed so that actions can be taken. If there were no guidelines to place a bond then no bond would be placed. But without specific languages that state a bond MUST be placed within the time or they forfeit the right to do so, then the court has the option to allow the bond to be placed. In fact, allowing the bond to be placed actually benefits you. Once that bond is placed you are assured of collecting on the judgment if the appeal is denied. Without that bond, you have to find assets to attach to collect.