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Small Claims
If you win your case, you become a "judgment creditor." The party that owes you money is the "judgment debtor" and has a specific time period, generally 30 days to pay. If he or she doesn’t, you take on the dual role of judgment creditor and collections agent. If the defendant does not pay, you can ask the court clerk to help you find the defendant’s property out of which your judgment could be paid.
If you’ve discovered all you can about the defendant’s assets but can’t convince him to part with any, the law has more drastic remedies:
- Garnishment
If the defendant has a job, checking or savings account, you can garnish cash from any of these. Garnishment allows you to claim money owed and set up a payment plan. For instance, a portion of the debtor’s weekly paycheck could be paid directly to you. Funds which can’t be garnished include unemployment checks, social security payments, workman’s compensation and welfare benefits.
- Liens
If the debtor owns any real estate, you can file a lien on it through the Court Clerk’s office. When the property is sold, you recover the amount owed. Liens typically need to be renewed every five years.
- Writ of Execution
This is a more drastic remedy where you can seize the judgment debtor’s property, get it appraised, and sell it to satisfy your judgment. If you’re planning to have the debtor’s property sold at auction, you’ll incur more incidental expenses, but you can normally recover what you’re owed. Collecting from a reluctant defendant can be long and difficult. You may want to consult an attorney or collection agency for help. You should also consult LegalZoom’s Collecting Your Judgment Guide for your state. This guide walks you through the collection process.
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