What is the process for collecting a judgment from the other party in small claims court?

When a plaintiff has successfully won a judgment in small claims court in Hawaii, the process of collecting the judgment begins. To collect the judgment, the prevailing party (the plaintiff) must first fill out an “Enforcement of Judgment” form. This form includes the amount of the judgment and the legal costs associated with it. Next, the plaintiff must have the Enforcement of Judgment form served to the defendant. Generally, this is done through an independent third party, such as a process server or a sheriff’s deputy. The defendant then has a certain amount of time to comply with the judgment. If the defendant does not pay the amount of the judgment, the plaintiff may take further steps to ensure collection, including filing a writ of execution, which authorizes a sheriff to seize any non-exempt assets of the defendant in order to pay the judgment. The plaintiff may also seek a garnishment of the defendant’s wages or have their property liens attached. Finally, the plaintiff may also seek a money judgment by filing a lawsuit against the defendant in circuit court. This may require the defendant to appear in court and answer questions under oath. Collecting a judgment from the other party in small claims court in Hawaii is a complex process and an attorney should be consulted to ensure the best possible outcome. Following the steps outlined above will help ensure that the plaintiff receives the judgment they have been awarded.

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What is the process for collecting a judgment from the other party in small claims court?

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