What is the process for collecting a judgment from an out-of-state party in small claims court?
In Washington State, the process for collecting a judgment from an out-of-state party in small claims court begins with making sure a valid judgment is obtained. The Plaintiff can then submit a certified copy of the judgment to the court where the Defendant lives and ask the court to enforce the judgment. The court will then issue a Writ of Execution, also called a Writ of Garnishment, which orders the Defendant’s wage or bank accounts to be garnished in order to collect on the judgment. The Plaintiff can also submit the Writ of Execution to the Washington State Department of Financial Institutions (DFI). The DFI will then freeze the Defendant’s accounts and hold them until the judgment is paid in full. After the judgment is paid, the DFI will release the funds to the Plaintiff. If the Defendant does not have any assets to garnish, the Plaintiff may be able to ask the court for permission to serve the Defendant a Citation to Discover Assets. This requires the Defendant to appear in court and answer questions about their assets in order to identify what can be used to satisfy the judgment. It is important to keep in mind that the process for collecting a judgment from an out-of-state party in small claims court can be time consuming and costly. It may be necessary to hire an attorney or collection agency to assist in the process.
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