Allows for the issuance of information subpoenas on behalf of small claims judgment creditors to be effective anywhere in the state.
Impact
If passed, the bill would significantly alter the procedures surrounding small claims judgments. Currently, the issuance of information subpoenas is often limited geographically, but this bill proposes to enable creditors to enforce judgments across the entire state of New York. By allowing clerks to issue subpoenas more broadly, it aims to enhance the efficiency of debt recovery processes, thus potentially leading to higher recovery rates for creditors. This could mean that individuals or entities found liable in small claims courts would need to be more diligent in settling debts, knowing that their liabilities could be pursued more aggressively in any location within the state.
Summary
Bill S07468 aims to amend various court acts in New York State, particularly focusing on the issuance of information subpoenas for small claims judgment creditors. The bill seeks to empower small claims clerks to issue such subpoenas that can be served anywhere within the state, expanding the jurisdictional reach of the courts in enforcing small claims judgments. This amendment is intended to streamline the process for judgment creditors to recover debts owed to them after a judgment has been rendered in their favor, thus facilitating quicker resolution of outstanding debts.
Contention
Notably, some concerns might arise regarding the balance of power in the judicial system. Critics may argue that expanding the jurisdiction for information subpoenas could put undue pressure on debtors who may not have the means to fulfill their obligations. Additionally, there are broader implications about access to justice and how effectively small claims courts can aid those seeking to collect on judgments, especially in terms of providing proper legal assistance and support for both creditors and debtors, potentially necessitating further safeguards to protect vulnerable parties in debt collection processes.
Allows for the issuance of information subpoenas on behalf of small claims judgment creditors effective beyond the jurisdictional boundaries of the county where the court is located and adjoining counties.
Requires that subpoenas issued relating to election matters be served with a separate informational sheet that summarizes why the subpoena has been issued.
Requires that subpoenas issued relating to election matters be served with a separate informational sheet that summarizes why the subpoena has been issued.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Allows approved claims of representatives for services rendered to a claimant in connection with an unemployment insurance claim to become a lien upon the benefit allowed; criminalizes certain violations relating to other forms of compensation in connection with an unemployment insurance claim; provides that a fee allowed shall be on a contingency basis and be equal to fifteen percent of the amount of the benefits to be paid to the claimant at the conclusion of services rendered.
Provides that a judgment of sale as a result of an action to foreclose a mortgage shall direct the mortgaged premises to be sold within forty-five days of the date of the judgment.
Requires hearings on claims for compensation to occur within 120 days; results in a default judgment for the claimant if such hearing has not occurred within 120 days.