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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 initiate a showcause hearing. The plaintiff must submit the request for this hearing in writing and provide the court with a $20 fee.
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.
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.