The Library Book - Unsecured Transactions

In Episode 5 season 3, "The Library", Jerry learns he has a fine on an unreturned library book from 1971, Tropic of Cancer. Jerry is convinced that he did indeed return the book, as he remembers the girl he was with that day, Sherry Becker, and her orange dress which is "burned into his memory". Jerry must go down to the library to sort it out, and he invites Kramer, who enthusiastically accepts.1

At the end of the episode Jerry reluctantly pays the fine, however what if he had not paid? The issue presented here is how does an unsecured creditor collect from a debtor who fails to pay a debt in breach of a contract. We will assume this is not a small claims court case. In which case the creditor Librarian will need to go through the judicial process. The creditor will need to get a judgment from the court, which debtor likely will not contest and thus credit will receive a default judgment. With judgment in hand, the creditor will get a writ of execution in order to levy on the debtor. Yes, the courts still sue these antiquated term, lawyers need to get paid. The write of execution is a document explaining how the creditor thinks the sheriff should be able collect the monies from the debtor. In this case, the library could have a write asking the sheriff to knock on the door of the Seinfeld apt., and attempt to gain entry to the house to try and take cash and Jerry's belongings which the sheriff would then sell.

Unfortunately, the sheriff likely will not try very hard to follow the instructions, because she will face personal liability for screwing up and taking someone elses property. Sheriff's may request a bond (some money deposited with the sheriff) in order to secure his work. However, if Jerry refused to open the door the Sheriff may or may not have the ability to force entry into the home depending on state law. Problem is, creditor Librarian will be stuck with attorney fees, and Sheriff's fees, thus leaving them little to do but take away library privileges. (Note: as a state actor the Library may have additional remedies in order to recover)





1- wikipedia