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Collecting
your money in a small claims suit
If you are
successful in obtaining a judgment, you are not assured collection. You
have the responsibility of pursuing the matter. Customary methods of collection
are:
- Payment
of Judgment
If the defendant pays the total amount of the judgment, the plaintiff
must immediately file a "Satisfaction of Judgment" form.
- Showcause
Hearing
If the defendant does not pay the judgment or complete the "Affidavit
of Judgment Debtor" form that is mailed with the judgment within 21
days of the date of judgment, the plaintiff may request a showcause
hearing. The request must be in writing and a $20.00 fee is required.
- Discovery
If the defendant completes the "Affidavit of Judgment Debtor" form
and the information is not sufficient for collection, the plaintiff
may obtain a "Discovery Subpoena". A Discovery Subpoena requires the
defendant to appear at the court to be questioned or examined under
oath about his/her assets. The cost is $15.00 for filing plus a service
fee.
- Garnishment
If you have reason to believe that a third party is holding money
or owes money to the defendant, you may file an "Affidavit for Writ
of Garnishment". The cost for filing is $15.00 plus a service fee.
- Execution
A defendant's property, which is not exempt under the law, can
be used to satisfy a judgment by filing a "Writ of Execution". The cost
of filing is $15.00 plus a service fee.
- Suspension
of Drivers License
If your Small Claims case involves a traffic accident, ask the
court clerk for details regarding suspension of the defendant's drivers
license.
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