What happens if a judgment is not paid in small claims court?
When someone does not pay a judgment in Small Claims Court in Virginia, the creditor, or the person whom the court has decided the debtor owes money to, can take certain steps to receive their money. There are three main avenues a creditor can take: wage garnishing, attaching a lien on personal or real property, or filing a motion to hold the debtor in contempt of court. Wage garnishing is when a creditor files a wage garnishment order, allowing them to take money directly from the debtor’s paycheck. Attaching a lien is when the creditor attaches a lien on either the debtor’s personal or real property. Filing a motion to hold the debtor in contempt of court means that the creditor can ask the court to impose punishment on the debtor, such as jail time or fines. If none of these avenues lead to the debtor paying the owed amount, the creditor will have to take them to a higher court in order to receive the money. In Virginia, if the amount is over $500, the creditor may need to take the debtor to Circuit Court. Ultimately, if the creditor is not paid the amount owed to them, they can either continue to seek payment through the court system or seek legal advice to determine the best course of action.
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