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BILL AS INTRODUCED 2007-2008

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H.317

Introduced by Representative Flory of Pittsford

Referred to Committee on

Date:

Subject:  Court procedure; small claims

Statement of purpose:  This bill proposes to clarify that small claims judgments are not required to be renewed every eight years, and that the legislature did not intend to affect small claims jurisdiction or procedures when small claims court was transferred from district court to superior court.

AN ACT RELATING TO SMALL CLAIMS COURT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  LEGISLATIVE INTENT

The general assembly did not intend for the transfer of small claims court from district to superior court to alter small claims jurisdiction or procedures except as provided in the rules of small claims procedure.

Sec. 2.  12  V.S.A. § 2681 is amended to read:

§ 2681.  EXECUTIONS IN SUPREME AND SUPERIOR COURTS; TIME

(a)  The supreme and superior courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof.  Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment except as provided in subsection (b) of this section.

(b)  Executions on small claims court judgments may be made so long as the judgment remains unsatisfied.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us