Relates to expanding the available jurisdiction for issuing information subpoenas

2025 Regular Session Introduced by James Skoufis

Allows small claims clerks in NY to issue information subpoenas nationwide within the state for unpaid judgments, with help to creditors and contempt powers.

REFERRED TO JUDICIARY

Summary of Bill S.10287 (2025-2026) — New York

Purpose and intent

Expands the authority of small claims courts to issue information subpoenas in favor of judgment creditors whose small claims judgments remain unsatisfied.

Applies across multiple court systems in New York (NYC Civil Court Act, Uniform City Court Act, Uniform District Court Act, Uniform Justice Court Act) to standardize and broaden access to information subpoenas.

Key provisions and changes

For each of the following acts, a new subdivision (d) is added to Section 1812:

New York City Civil Court Act
Uniform City Court Act
Uniform District Court Act
Uniform Justice Court Act

New language (new text underlined in the bill) provides that:

When a small claims court judgment is unsatisfied, the small claims clerk, upon request, shall issue information subpoenas at a nominal cost for the judgment creditor.
The clerk will also provide the creditor with assistance in preparing and using the information subpoenas.
Notwithstanding any existing Section 1200(1) of the respective act, the court shall issue these information subpoenas to be served anywhere in the state upon request.
The court shall have the same power as the supreme court to punish contempt of court for violations related to an information subpoena.

Effective scope: applies to all four acts mentioned, ensuring consistency in how information subpoenas can be issued nationwide within the state once a small claims judgment is unpaid.

Effective date: takent to be in force 90 days after enactment.

Who or what would be affected

Primary beneficiaries: judgment creditors with unpaid small claims judgments.

Small claims clerks: empowered to issue information subpoenas nationwide within New York State on request, and to assist creditors with subpoena preparation and use.

Debtors and respondents: subject to subpoenas issued for information relevant to unpaid judgments.

State courts: gain enhanced authority to compel information across the state and exercise contempt powers similar to the supreme court for subpoenas.

Procedural and timeline aspects

Process: Upon request by a judgment creditor, the small claims clerk issues an information subpoena at nominal cost and aids with preparation and use.

Service: Subpoenas can be directed to be served anywhere in New York State.

Enforcement: The court retains contempt power for violations related to the information subpoenas (with the same standard as the Supreme Court for contempt).

Effective date: The act would take effect on the 90th day after it becomes law.

Practical impact and considerations

Potential benefits:

Increased ability for creditors to obtain information needed to collect on unpaid judgments.
Reduced delays and procedural hurdles by allowing nationwide (within NYS) service of subpoenas.
Financially accessible for creditors via nominal subpoena costs.

Potential considerations:

Coordination with existing procedural rules for information subpoenas and service.
Ensuring appropriate protections for individuals subject to subpoenas, given cross-jurisdictional service within the state.
Administrative workload on small claims clerks who will issue subpoenas and provide assistance.

Conclusion

Bill S.10287 broadens and standardizes the use of information subpoenas in New York for unpaid small claims judgments by enabling small claims clerks to issue subpoenas nationwide within the state, at nominal cost, and with supportive assistance to creditors. It also formalizes contempt authority to enforce compliance, mirroring Supreme Court powers. The measure would take effect 90 days after enactment.