Plaintiff Instructions for a Small Claims Judgment
- 1). Obtain a copy of the court judgment against the judgment debtor after the clerk's office makes the entry. Wait for a courtesy copy of the court judgment in the mail. Call the clerk's office if you do not receive one within 10 days.
- 2). Visit the court 30 days after the judgment is issued. Verify the court's receipt of payment from the debtor. Request that funds being held in trust be released to satisfy the judgment.
- 3). Order a Writ of Execution from the clerk's office if the judgment has not been satisfied. Turn in an application for a Writ of Execution with both parties' contact information. Pay the processing fee, and then call the court in a few days to confirm that the writ has been issued.
- 1). Take the original Writ of Execution to the sheriff's office. Pay a nominal processing fee, and provide the sheriff's office with the other party's bank, employment and personal business location.
- 2). Ask the sheriff to place a bank levy on the other party's bank account. Confirm that the bank account carries a sufficient balance to satisfy the judgment.
- 3). Garnish the wages if the bank account balance is insufficient to collect the settlement. Ask the sheriff to place a wage garnishment for up to 25 percent of the other party's monthly income. Verify with the sheriff's office when the wage garnishment will go into effect and how much of the judgment will be paid off monthly.
- 4). Collect directly from the business location. Pay the sheriff to execute a Till Tap collection from the cash register or to serve as a keeper and collect incoming cash and checks for eight hours. Request distribution of those funds from the sheriff's office.
- 5). Place a lien on the judgment debtor's real property. Find property titles held by the judgment debtor at the county assessor's office. File a lien with the county recorder's office to remain until the property is sold.
- 6). Calculate your after-judgment collection costs and interests. Fill out a memorandum of cost and interest, and submit it to the clerk's office.
- 7). Renew your judgment. File a renewal of the judgment before the statutory limit to collect expires. Report the judgment to the credit bureaus.
Collect on the Court-Ordered Judgment
Execute the Writ of Execution
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