Small Claims Info for NY P5-->

Discussion in 'Credit Talk' started by Rob, Jun 30, 2001.

  1. Rob

    Rob Active Member


    1. Claims Based on Motor Vehicle Ownership

    If your claim was based on the defendant's ownership or operation of a motor vehicle, you may be able to have the Department of Motor Vehicles suspend the defendant's driver's license and auto registration until the judgment is paid. To take advantage of this procedure, you must have a judgment for over $1,000 that has remained unpaid for more than 15 days after it becomes final. Ask the clerk for details of this procedure.

    2. Licensing Agencies

    If the judgment debtor is engaged I a business that is licensed or certified, you may notify the appropriate state or local authority if the judgment remains unpaid 35 days after the judgment debtor receives notice of entry of the judgment. The failure to pay a judgment may be considered by the licensing authority as a basis for the revoking, suspending, or refusing to grant or renew a license to operate a business. At the end of this guide is a list of prominent licensing or certifying authorities and a description of the types of businesses each oversees. If the Small Claims arises out of the conduct of the defendant's business, the court will determine the appropriate licensing or authority for the defendant in your case.

    If the judgment debtor is a business that the court finds to be engaged in fraudulent or illegal conduct, you have the right to notify the Attorney General and, if the business is licensed, the appropriate licensing authority as well.

    3. Prior Unsatisfied Judgments

    If a defendant has failed to pay three or more judgments despite having sufficient resources to pay them, you may be able to sue the defendant for triple damages. Check with the clerk to see if your defendant is listed in the index of unsatisfied judgments maintained by the court.


    1. Department of Agriculture and Markets

    The Department's regulatory authority includes licensing of and the issuing of permits for:
    * Manufacturers, wholesalers, and handlers of frozen desserts;
    * Persons acting as dealers, brokers, or commission merchants for the sale of farm products;
    * Milk dealers;
    * Food processing establishments;
    * Refrigerated warehouses, locker plants, and fresh foods;
    * Operators of purebred dog kennels
    * Anyone who deals in, handles, or transports domestic animals, or operates
    a livestock auction.

    2. Division of Alcoholic Beverage Control

    The Division issues licenses and permits authorized by the Alcohol Beverage Control Law for the manufacture, distribution, and sale of alcoholic beverages within the State.

    3. Banking Department

    The Department regulates all activities relating to the New York State chartered banking industry. The Department also enforces laws and policies dealing with consumer credit and other financial services, the prevention of illegal lending, and other consumer abuses.

    4. Commission on Cable Television

    The Commission issues confirmation certificates for new franchises, renewals of franchises, and loss of services from a franchise.

    5. Education Department

    The Department licenses approximately 30 professions, including the following:

    * Physicians and physicians' assistants;
    * Physical Therapists;
    * Chiropractors;
    * Dentists and dental hygienists;
    * Veterinarians;
    * Pharmacists;
    * Nurses;
    * Podiatrists;
    * Optometrists;
    * Engineers and architects;
    * Accountants;
    * Psychologists;
    * Social workers;
    * Acupuncturists
    * Interior designers.

    The Department also licenses private schools, business schools, and agents for private schools. It registers private schools for handicapped children and all post secondary educational programs, including professional schools.

    6. Judicial Branch - Appellate Divisions

    The Appellate Divisions conduct proceedings to admit, suspend, or disbar attorneys who wish to practice or who are practicing in the courts of New York State.

    7. Department of Environmental Conservation

    The Department's principal regulatory programs include: water pollution control; air pollution; radioactive waste control; solid and hazardous waste management; waste transport; mining; public water supply; dams; and protection of freshwater and tidal wetlands, streams, and navigable waters.

    8. Insurance Department

    The Department issues licenses and permits, conducts examinations, and administers fines relating to insurance companies, agents, brokers, and adjusters, including the following:
    * Any firm, association, or corporation doing insurance business in the State;
    * Anyone acting as a life, accident, or health insurance agent;
    * Anyone acting as an insurance broker;
    * Anyone acting as an insurance adjuster.

    9. Department of Labor

    The Department has regulatory jurisdiction in the areas of employee safety and health, employee earnings, and employee coverage under unemployment insurance.

    10. Division of the Lottery

    The Division has the statutory responsibility to conduct lottery games for the benefit of education and is empowered to license ticket sellers.

    11. Department of Motor Vehicles

    The Department regulates the registration and titling of motor vehicles and issues drivers' licenses. It also licenses or registers inspection stations, driving schools and instructors, repair shops, dealers and transporters, the vehicle salvage industry, snowmobiles, all-terrain vehicles, motorboats, and unique motor vehicles.

    12. Department of Public Service

    The Public Service Commission has the power of general supervision of all gas, electric, water-works corporations, and telephone and telegraph lines. Rates for privately owned gas, electric, steam, telephone, telegraph, radio-telephone, and waterworks corporations need Commission approval.

    13. Racing and Wagering Board

    The Board issues licenses to the following concerning thoroughbred, harness, and quarterhorse racing:

    * Owners;
    * Trainers;
    * Assistant trainers;
    * Jockeys;
    * Drivers;
    * Jockeys' agents;
    * Veterinarians;
    * Farriers;
    * Race track employees.

    It also issues licenses required to conduct a race meeting with pari mutuel wagering, issues licenses to suppliers and renters of bingo equipment, and games-of-chance equipment, and issues identification numbers for those conducting games-of-chance or bingo operations.

    14. Department of Social Services

    The Department regulates residential foster care of children, family day care facilities, day care centers for children of eligible guardians, and adult residential care. Special care homes for unwed mothers, victims of domestic violence, and workshops for the blind are all regulated by the Department.

    15. Department of Taxation and Finance

    The Department is responsible for the registration of:
    * Alcoholic beverage distributors;
    * Motor fuel distributors;
    * Diesel motor fuel retailers and bulk purchasers;
    * Owners of diesel motor vehicles;
    * Flea market promoters;
    * Vendors required to collect sales tax;
    * Organizations exempt from sales tax.

    The Department is responsible for the licensing of:
    * Wholesale dealers of cigarettes;
    * State lottery ticket vendors.

    The department issues permits for motor vehicles subject to highway-use or fuel-use taxes. It also appoints cigarette tax agents.

    16. Department of Transportation

    The Department regulates railroads and bus and trucking companies. It also grants licenses to public utility companies for real estate rights on Department of Transportation-controlled property.


    If you desire a list of the most prominent local licensing or certifying authorities, you should contact the court clerk for this information.
  2. Rob

    Rob Active Member


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