What is the process for collecting a judgment from the other party in small claims court?
In Wisconsin, the process for collecting a judgment from the other party in small claims court begins with the court entering a judgment in favor of the winning party. After the judgment is entered, the winning party will become a judgment creditor and the other party a judgment debtor. The judgment creditor may then file a writ of execution with the court in order to have the sheriff or constable collect the judgment from the judgment debtor. Once the writ of execution is filed, the sheriff or constable will serve the debtor with a summons to appear before the court. At the hearing, the debtor can choose to pay the judgment in full or make monthly payments. If they fail to appear at the hearing, the creditor may choose to garnish the debtor’s wages, place liens on their property, or freeze their bank accounts. In addition, the creditor may also file a Request for Judgment Debtor’s Examination with the court in order to compel the debtor to appear in court and answer questions about their ability to pay. The court may also issue a warrant for the debtor’s arrest if they fail to appear in court. In some cases, the court may appoint a collection agency to collect the judgment from the debtor. In this case, the collection agency may take legal action such as placing liens on the debtor’s property, seizing assets, and garnishing wages. By following the court procedures above, the judgment creditor may collect the judgment from the other party in small claims court in Wisconsin.
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