What is the process for collecting a judgment from the other party in small claims court?
If you have received a judgment from the Maryland Small Claims Court, the process of collecting the judgment can begin. The court clerk can provide you with a form to fill out called a Writ of Execution. On this form, you will need to enter the name of the party you received the judgment against (the defendant), the amount of the judgment, and the court case information. After you fill out the Writ of Execution, you must give it to the Sheriff or Constable who serves the area in which the defendant resides. The Sheriff or Constable will then issue a levy against the defendant’s assets. This includes seizing any personal property that the defendant owns and any money owed to the defendant from any other sources, such as a paycheck or bank account. Once the levy is complete, the Sheriff or Constable will send you a report that lists the items seized and the amount of money collected. The money collected will be sent to the court to be held in a court bank account until the judgment is paid in full. You are then entitled to receive the money owed to you from the defendant. If the defendant does not have assets that can be seized, you may seek other remedies for payment including wage garnishment. Wage garnishment is a process in which money is withheld from the defendant’s paycheck and sent to you as payment of the judgment. In order to do this, you must request a Garnishment Order from the court. Collecting a judgment from the defendant in Small Claims Court is relatively straightforward, although it may take some time before you receive payment.
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