Frequently Asked Questions

You many collect the amount stated in your Small Claims judgment plus any interest that accumulated during the time the other party pays off the debt.

- If the defendant has the money and is present at the hearing, he/she can pay you at that time. - If the defendant does not have the money at that time, and both parties agree, the Judge/Magistrate can set up a payment plan. - If the defendant does not pay the judgement as ordered, there are two procedures available to you: execution against property and garnishment.

An execution allows a court officer to seize property belonging to the defendant which can be sold to pay your judgment. To file an execution against property, you may pick up a copy of the form (MC 19) at the court clerk's window. Also available online. In order to do this however, you will have to wait 21 days after your small claims judgement was signed, pay a nominal fee, and need to know where the defendant lives and what assets he/she may have. For the online form please visit the

A garnishment allows you to collect your judgment by garnishing the defendant's wages, bank accounts, or other sources such as income tax refunds. You first must wait 21 days after your small claims judgment was signed before you pick up the form at the court clerk's window. Before you may do this however, you will need to know where the defendant works, where his/her assets are located, what bank/credit union the defendant uses, etc.