A Legal Document Assistance Service
Icon 1.jpg

News

Small Claims Express Blog

Winning a Judgment in Small Claims Court: Next Collection Hurdles

Winning a judgment in small claims court is only the first step. The court's judgment essentially acknowledges that the other party owes you money, but it's your responsibility to collect it. Here are the general steps you can take:

  1. Contact the Debtor: You can start by sending a formal letter to the debtor asking for payment. The letter should include the judgment details, the amount owed, how the payment should be made, and a deadline for the payment.

  2. Offer a Payment Plan: If the debtor is unable to pay the full amount all at once, you might consider offering a payment plan to make it easier for them to pay off the debt.

  3. Judgment Lien: If the debtor fails to pay voluntarily, you could potentially place a lien on their property. A lien is a claim on the debtor's property which can be used to satisfy the debt if the property is sold. The specifics of how to do this vary by location, so you should check the rules in your jurisdiction.

  4. Garnishment: In some cases, you might be able to garnish the debtor's wages or bank accounts. This means a portion of their income or the funds in their bank account would be withheld and sent to you until the debt is paid. This generally requires a court order and the process varies by jurisdiction.

  5. Hire BWL Solutions LDA’s: As a last resort, you could hire a us to assist in navigating the proper paperwork to collect the debt. Our company accepts flat fees for any and all collection efforts needed. You will still pay all court filing fees for various things such as writs, garnishments, bank levies and so on. This could be a good option if other attempts to collect have been unsuccessful, but it should be noted that not all collection agencies will take on judgments from a small claims court.

In all cases, the specific steps and options available to you will depend on the laws and regulations of your specific jurisdiction. Laws vary by location and the type of debt, so you should consult with a legal advisor or your local court clerk's office to understand what your options might be.

Lastly, be aware of the statute of limitations on your judgment. In many jurisdictions, a judgment can last for a number of years and can often be renewed, but you should verify this based on the laws in your specific area.

Akiba Miniefee