What is the process for collecting a judgment from the other party in small claims court?
In Kansas, collecting a judgment from the other party in small claims court is a process that can take several steps. First, the court will enter a judgment in favor of the plaintiff against the defendant, ordering the defendant to pay the plaintiff the amount stated in the judgment. Second, the plaintiff can then file a Request for Payment form with the court, requesting that the defendant pay the amount of the judgment. This Request will list the reason for filing, the parties involved, the amount of the judgment, and any information the defendant has regarding their assets and liabilities. Third, the court will send a copy of this form to the defendant, giving them 10 days from the date of mailing to pay the amount stated in the judgment. If the defendant fails to do so, the plaintiff can file a Motion for Execution of Judgment, which will authorize the court to issue a Writ of Execution. Fourth, the court will issue the Writ of Execution to the local sheriff’s office. This Writ permits the sheriff to seize the assets of the defendant to pay the amount of the judgment. Finally, if the defendant still does not comply with the Judgment, the plaintiff may wish to explore other legal options, such as obtaining a lien on the defendant’s property. This will allow the plaintiff to attach a legal claim to the defendant’s assets and collect any funds available when those assets are sold or otherwise disposed of.
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