If you win your small claims case, the court will enter a judgment in your favor. This means that the defendant is legally obligated to pay you the amount of money that you won.
How to collect on your judgment
There are a few different ways to collect on your judgment:
Garnishment: You can have the defendant’s wages or bank account garnished. This means that the employer or bank will be ordered to withhold a certain amount of money from the defendant’s paycheck or bank account and send it to you.
Seizure of property: You can also have the defendant’s property seized and sold to satisfy your judgment. This could include things like the defendant’s car, home, or other belongings.
Lien on property: You can also place a lien on the defendant’s property. This means that you have a legal right to the property and that it can be seized and sold to satisfy your judgment if the defendant does not pay.
What if the defendant refuses to pay?
If the defendant refuses to pay, you may need to file a motion with the court to enforce your judgment. The court may then issue a warrant for the defendant’s arrest or may order the defendant to appear in court.
It is important to note that collecting on a small claims judgment can be difficult, especially if the defendant does not have any assets. However, there are a few things you can do to increase your chances of success:
- Be persistent. Don’t give up if the defendant doesn’t pay right away. Keep following up with them and take the necessary steps to enforce your judgment.
- Hire an attorney. If you are having trouble collecting on your judgment, you may want to hire an attorney to help you. An attorney can advise you on your legal options and can help you to enforce your judgment.
Winning your small claims case is a great victory. However, it is important to remember that the real challenge is collecting on your judgment. By understanding your options and taking the necessary steps, you can increase your chances of success.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.