What Happens If the Defendant Doesn’t Pay a Small Claims Judgment?

Question from SJ, What Happens If the Defendant Doesn’t Pay a Small Claims Judgment?

Answer from AI:

When you’ve been falsely accused of a crime, such as second-degree trespassing and communicating threats, and have had to endure not only the stress of legal proceedings but also financial burdens like posting bond and spending time in jail, obtaining a favorable judgment in small claims court can feel like a significant victory. In North Carolina, as in other states, small claims courts are designed to resolve disputes involving relatively small amounts of money—typically up to $10,000—without the need for a lawyer. However, winning your case and being awarded a judgment is only the first step. Collecting the money owed to you can sometimes prove challenging.

After the Judgment: The Collection Process

If the defendant fails to pay the judgment voluntarily, here are the steps and options available to you:

1. Wait for the Appeal Period to Expire: In North Carolina, the defendant has 10 days to appeal the small claims court judgment. It’s essential to wait until this period expires before taking any further action to collect the judgment.
2. Consider Informal Resolution: Sometimes, reaching out to the defendant directly or through a mediator can result in payment without further legal action. This can be quicker and less stressful for both parties.
3. Writ of Execution: If the defendant does not pay the judgment voluntarily, you can request a writ of execution from the court. This legal document authorizes the sheriff to seize assets of the defendant, such as bank accounts or personal property, to satisfy the judgment.
4. Garnishment: Another option is to seek a garnishment order, which directs a third party, such as the defendant’s employer, to withhold a portion of the defendant’s wages to satisfy the judgment.
5. Liens: You may also have the option to place a lien on the defendant’s property, which can prevent them from selling or refinancing the property without first paying the judgment.

Timeline for Collection

The time it takes to collect a judgment can vary widely depending on several factors, including the defendant’s financial situation, the collection method used, and the efficiency of the legal system. It could take anywhere from a few weeks to several years to receive the money owed to you. Patience and persistence are often necessary.

Important Considerations

• Costs: Be aware that there may be additional costs associated with collecting a judgment, such as fees for filing a writ of execution or garnishment order. These costs can sometimes be added to the amount the defendant owes you.
• Legal Assistance: While small claims court is designed to be accessible without a lawyer, navigating the collection process can be complex. Consulting with a legal professional can provide you with guidance tailored to your specific situation.
• Statute of Limitations: Keep in mind that there is a statute of limitations for collecting judgments. In North Carolina, a judgment is enforceable for 10 years and can be renewed for another 10 years. It’s important to take action within this timeframe.

Conclusion

Winning a judgment in small claims court is a significant step toward rectifying the wrongs done to you, but collecting the judgment may require additional effort and patience. Understanding your options and the potential timeline can help you make informed decisions about how to proceed. For more detailed information on the small claims process in North Carolina, you can visit the North Carolina Judicial Branch’s Small Claims Court page.

Remember, this information is intended to provide a general overview and should not be construed as legal advice. For advice specific to your situation, please consult a legal professional.