Collection of Judgment
The amount of the Small Claims judgment plus interest is collectable by garnishment or execution against property.
Garnishments may be filed 22 days after the judgment enters. Garnishments are periodic or non-periodic. Garnishments allow collection from wages, bank accounts, state income tax refunds or any other debt owed to the defendant. The forms are available at the civil counter and instructions are included with the forms.
- There is a $15 filing fee and $35 disclosure fee for periodic garnishments.
- There is a $15 filing fee and $1 disclosure fee for non-periodic garnishments.
- There is a $15 filing fee and $6 disclosure fee for a state income tax refund garnishment. These forms may be found at business supply stores or online.
Periodic and non-periodic garnishments are served to the employer or bank by a process server or by certified mail. The income tax garnishment is served according to the instructions from the State.
For periodic and non-periodic garnishments, the plaintiff must know where the defendant is employed or has a bank account. For state tax garnishments, the plaintiff must know the Defendant’s Social Security number.
Execution Against Property
Execution against property allows a deputy to seize the lien-free property of the defendant so that it can be sold to pay the judgment. The form for execution against property is available at the civil counter. The deputy asks that you provide information regarding the defendant's property and may ask that a bond is provided. The filing fee for an execution against property is $15.