small claim

[judyr]

I have won a judgment in a Vermont Small Claim Court. The judgment is against a moving company in NYC, who moved and damaged furniture they moved for me from NYC to VT. I would like to know the best way to collect. Do I have to get a Collection Order from the Small Claim Court in NYC, or can I go with my Vermont Judgment to the Sheriff in NYC and he can collect? Will the Sheriff in NYC honor my VT Judgment? Thank you.

 

[JETX]

Regretfully, we need some more information in order to try to help.

1) Was your judgment a 'default' judgment (did the other party appear at trial)?? If not, you have a weak judgment and cannot be enforced outside of VA.

2) Even if the judgment was a bench or trial judgment, it is not enforcable in NY without it being 'domesticated' there. That would mean that the judgment would have to be filed in NY state in order to be enforcable there.

Summary:
If it was a default judgment, it is only enforcable in VA and NY will not accept it. If it was a trial or bench judgment, you will need to refile in NY to enforce it in NY (don't misunderstand, it would not be a new trial, just filed so that NY can recognize the validity of the VA judgment).

 

[judyr]

Small Claim

Dear Attorney Halket:

Thank you for your timely reply. I believe I know what to do now.

Judy