Legal Question in Credit and Debt Law in New York
how to proceed and what court
We are a corp. doing lending as a very small part of our business service. Primarily auto loans. We now have a few that are in default and are looking for satisfaction of the debt in a legal manner. We have been told that since the value we are after is over $3000 and that we are a corp. that we can't use small claims court. Is that true and how do we proceed and do we need a lawyer
3 Answers from Attorneys
Re: how to proceed and what court
Your understanding of the rule regarding access to small claims court is correct. Sometimes, people try to break their claims into smaller parts in order to take advantage of the simplified procedures there, but I'm not sure that would work in the context of a defaulted auto loan. I'm assuming that you don't want to limit your claims to $3000 and waive the remainder.
Except in small claims court, corporations in New York may not represent themselves in court and are required to retain counsel. Looked at cynically, this is a rule written by lawyers for the benefit of lawyers. In the context of judicial economy and competent resolution of disputes, however, it makes abundant sense for corporate disputes to be handled by disinterested professionals instead of the parties in interest. Although individuals have a constitutional right to appear pro se, no such right attaches to corporations, which are creatures of statute.
As to forum, for each debt under $25,000, depending on which county the debtor resides in, your forum will be City Court or District Court. For any debts over $25,000, you would use the Supreme Court of your county.
Our firm collects debts of this nature all the time. There are expedited procedures available where the debt is evidenced by a promissory note or other negotiable instrument. In addition, to the extent you have a security interest in the vehicles, reposession is an option.
Feel free to call me should yuo require further information.
Re: how to proceed and what court
I read Mr. Luz' answer.
Please note that he is correct with the sole exception that in District Court the monetary limitation is $15,000.00 not $25,000.00.
Good luck.
Mike.
Re: how to proceed and what court
If the amount of the obligation is in excess of $3,000 you do not want to use the small claims court. (You could use the courtbut could only collect upto $3,000) Because you are a corporation, you must be represented.
Daniel Clement
Daniel Clement
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