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

The process for collecting a judgment from the other party in North Carolina Small Claims Court is fairly straightforward. Once you receive a judgment in your favor, you can begin the collection process. The first step is to send the other party a Demand for Payment letter. This letter should include the amount due, the date the debt was incurred, and the court that issued the judgment. If the other party does not pay the debt on their own, you may need to use a lien, seizure, or garnishment. A lien places a legal claim on the other party’s property, such as their car or house. A seizure allows you to take the property of the other party if it is necessary to pay the debt. A garnishment requires that the other party’s wages be withheld in order to pay the debt. If the other party still does not comply, you may need to file a Notice of Contempt of Court. This document informs the other party that if they do not comply with the court’s judgment, they may be held in contempt of court and face other legal penalties. Finally, if the other party still does not pay the debt, you may need to consider filing a Motion of Execution of Judgment. This document requests that the court issue an order for the seizing of property or money from the other party to fulfill the court’s judgment. Every case is different, so it is important to consult with an attorney to determine which collection method is best for your situation.

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