Legal Question in Consumer Law in New York

My question pertains to the duties of a marshal/sheriff in regards to collecting money from a delinquent defendant. I won a case in small claims court in NYC and, after 30 days, the defendant -- an auto dealership -- has not yet paid. When I asked why not, the GM replied, "Let the sheriff take it. That's the way it works." I now need to go to a marshal or sheriff to get my money. I do not mean to demean these honorable individuals, but I am concerned that if I pay the $25 fee, a marshal or a sheriff might not collect the money owed to me because their 5% commission off my lawsuit yields little more than $50; in other words, it's just not worth their time and effort. I am concerned one might just pocket my $25 fee, and in a few weeks from now, he would just tell me he was unable to collect the money for reasons unknown. Can they simply tell me they could not collect, or do they have to "prove" to me why a collection is not possible? Again, I do not mean to demean our respectable law enforcement agents, but I am very frustrated with our legal system as I've been waiting 8 months to collect my money and I am still no where near getting it back. I will file an information subpoena tomorrow at the court. Since this particular dealership is very large and seems to be in good financial standing, I don't believe I should have an issue finding their bank account numbers, etc., which is why I believe a marshal or a sheriff should ultimately be able to collect, but I am concerned that "nothing is guaranteed" as a marshal's assistant told me on my telephone consultation today. Thank you for your help, and I apologize for my paranoia.


Asked on 7/02/13, 3:09 pm

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You are correct and unfortunately the sum is so insignificant; it fails to entice the Sheriff to attempt collection. You may never see your judgment collected and the dealership is well aware of that fact. Why do not you file an official complaint with the Better Business Bureau; your local Chamber of Commerce; the Attorney General's Consumer Fraud Bureau and leave adverse remarks on the dealership's business dealings on the internet. It requires work, but you will get your pound of flesh!

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Answered on 7/02/13, 6:49 pm


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