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For many people, Small Claims Court in New York state is a huge disappointment. Even if a plaintiff can get a judgment against someone, good luck trying to collect the money.
Just ask Elizabeth McGuirk of Loudonville and Mary Jo Downey of Glenville.
The women both had trouble with a contractor, John Fridholm of Ballston. They both sued him, successfully, in Small Claims Court, but neither has been able to collect much.
Downey first ran into problems with Fridholm in 2006, when she paid him $1,100 to install a new bathtub. It looked OK once he finished, she said, but the problems were just beginning. A sliding glass door was installed backward and a piece fell off. The lever system that controlled the stopper didn't work. And a plumber she called to inspect the tub said if she didn't have it reinstalled, it would certainly start to leak.
"He suggested I sue (Fridholm) for the whole amount," Downey said. She filed suit in Ballston Town Court and won a default judgment when Fridholm didn't show up for a hearing in November of last year, court records said.
McGuirk's problems with Fridholm happened last summer, when she hired him to paint two rooms of her Loudonville home. She agreed on a price of $1,000 and gave him $500 up-front. She wasn't pleased with the job performed by workers Fridholm sent, and she complained. Instead of fixing the poorly painted ceiling, McGuirk said, Fridholm just never returned.
Just like Downey, she sued Fridholm and got a default judgment in December for $510 when the contractor didn't appear in court, court records show. But McGuirk has yet to receive anything.
Downey has done slightly better. Fridholm, she said, has repaid her $250, but she had to constantly remind him of his obligation through letters and phone calls. Given that she has been dealing with him for nearly two years, she said it's hardly worth the aggravation. Fridholm, by the way, has not responded to several requests for comment.
Their stories are typical of what happens in the state's small claims courts, often called the true "people's courts" because average citizens can seek justice without the help or expense of attorneys. Damages in small claims in New York are capped at $5,000.
But once someone wins in court, it can be an empty victory, acknowledged state Supreme Court Justice Fern Fisher, the chief administrative judge of New York City's civil courts. Part of her job is to oversee the city's small claims courts.
"It can be very difficult to collect," Fisher said.
The successful plaintiff has to locate the defendant's assets, such as a salary or a bank account. Then the plaintiff must go back to court and get an order from a judge that would allow him or her to garnish wages or put a restraining order on the bank account, the judge added.
James Turner, executive director of the legal reform think-tank HALT (Help Abolish Legal Tyranny), said problems collecting judgments are common in small claims courts all over the country. HALT is pushing for changes that include increasing damage limits for small claims courts and establishing plaintiff assistance programs, much like one that exists in California.
Judge Fisher said people looking for advice on collecting small claims damages can go to http://www.newyorkcourts.gov. Meanwhile, people like Downey and McGuirk are at the mercy of someone who has so far not met his obligations to them. If they want to bring further court action, they'll have to spend more time. If they want a lawyer to help them, they'll eat away at their judgment in legal fees, before they ever see a nickel.
© 2008 Albany Times Union
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