Collecting small claims court judgements is not always simple
or easy but using the information and tips here should increase your chances
for success.
Although you are entitled to be paid after winning a judgement,
the small claims court cannot collect it for you.
The First Collection Step: Certify the Judgment
If the losing party fails to pay you within 30 days, or
according to the terms established by the judge, or an agreed-upon payment
plan, you'll have to pursue collection of the judgment.
Start by notifying the court and the judge who heard your case
so they can certify the judgment. You'll need to fill out a "satisfaction of
judgement - nonpayment form", which you can download here
Satisfaction of
Judgment or, obtain one from the court clerk.
Once the judgment form is signed, it's entered on the judgment
docket of the district court and thereafter you may seek to collect the
judgment by garnishment, execution or other process.
Note: The judgment may also be entered on
the judgment lien dockets in the superior court so be sure to get the new
judgment docket number. If the person does not pay, you'll need it to pursue
judgement recovery/collection.
Collecting the Judgement
If, after a reasonable number of days (20 or more) have passed
and you have not received payment from the judgement debtor, you may need to
pursue collection actions.
Before doing anything else, review the
Fair Debt Collection Practices Act to learn about legal and
illegal collection tactics.
Although, you are free to pursue all available debt collection
methods, avoid harassing or annoying tactics and especially avoid threatening
the judgment debtor or his or her family. Avoid, at all costs, the
temptation to call the debtor's house to ask why he or she has not paid
yet!
In some cases, collecting the debt may be as simple as asking
the debtor to pay by mailing a payment request (demand) letter via certified
mail.
First, get a copy of your judgment from the district court
clerk, be sure the clerk numbers your case (may be needed at a later time).
Make a copy to send to the debtor and keep the original for your records.
Second, send a certified or registered letter to the judgment
debtor stating the amount of the judgment and demanding payment.
Note: If the judgment was obtained by default (that is, the
defendant did not appear in court), then send your other copy of the judgment
along with the payment demand letter. Also keep a copy of the demand
letter for your records.
Unfortunately, collecting a small claims judgement or debt is not
always as simple as sending a letter demanding payment. Often times you'll need
to garnish the debtors' wages or bank accounts or attach some of his or her
other assets. The cost to certify the judgment and certain costs for
garnishment or attachment can be recovered from the judgment debtor as
collection costs.
If you need to use stronger methods to enforce your small
claims court judgment, see garnishment
procedures.
If you've fallen behind on your bills, especially credit cards,
don't panic. You may have several good options available to you. Your success
starts by assessing your current situation and finding a trusted service
provider that is licensed in your state.
How iDebtAssistance.com
Works:
Rich's Enterprises, L.L.C.
Prattville Alabama:
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