The court mails the judgment to both parties. However, the
party who is awarded the judgment in their favor should write
a Demand of Payment Letter to the other party and enclose
a copy of the judgment. The party who loses the small claims
case has thirty days to pay the other party. After thirty days
has passed the parties are no longer claimants and defendants,
they become JCs and JDs (see definitions above). In preparing
to collect the small claims judgment, the JC must first ascertain
the JD's exact legal name and address. Then, the JC must find
the JD's assets. The typical types of assets that the JD may
have that are available to the JC as possible sources of payment
for an outstanding judgment include the JD's checking or savings
account and the JD's wages or salary. If the JC has little or
no information about the JD's assets, the JC must still obtain
that information in order to collect the judgment. The Information
Subpoena and Restraining Notice are the JC's best tools for
investigating and uncovering specific detailed information about
the JD's assets. The Information Subpoena is a legal document
that becomes a court order when signed by a judge or stamped by
a court clerk. Once served, the Information Subpoena requires
the recipient to answer certain specific questions about the JD's
assets within seven days. The Restraining Notice is also
a court order. It forbids the recipient from selling or otherwise
transferring any of the JD's assets that the recipient might possess.
Once the JC has the JD's exact legal name and address and the
exact details on the JD's assets, the JC can begin collecting
on the judgment. To collect the judgment, the JC should seek
the assistance of the sheriff or marshal in the county of the
JD's residence or place of business or employment. When preparing
to collect from the JD's bank account, the JC should make sure
that he/she has sent a Restraining Notice to the bank that
houses the JD's account. The JC initiates a levy on the JD's
bank account by filling out an Execution Against Property with
Notice to Garnishee form and filing it with the sheriff or
marshal's office. The JC should also furnish to the sheriff or
marshal the name of the JD's bank, the JD's account number (information
obtained through the Information Subpoena described above),
a copy of the judgment and the JD's exact name and address.
In order for the JC to garnish the JD's wages, the JD's gross
earnings must be above a certain minimum set by federal law.
The JC initiates a wage garnishment by filling out a form called
an Income Execution and filing it with the sheriff or marshal's
office. The JC should also furnish the sheriff or marshal with
the name and address of the JD's employer (information obtained
through the Information Subpoena described above), a copy
of the judgment and the JD's exact name and address.
If the JC cannot locate the JD's assets, the JC can still put
pressure on the JD to pay the judgment. In some cases the JC
may be able to have the JD's license to do business suspended,
driver's license suspended and put liens on the JD's personal
or real property. The JC can also levy the JD's personal and
real property and have it auctioned off, but this is often a cost-prohibitive
and very complex collection option. There are also Judicial Enforcement
Remedies available to JCs, which include filing a claim for treble
damages and additional fees.