What is the process for obtaining a garnishment order in a small claims court case?

In Massachusetts, obtaining a garnishment order is an important step in a small claims court case. A garnishment order is a court order that requires a third-party to withhold a portion of a person’s income or assets. The process for obtaining a garnishment order in Massachusetts begins with filing a claim in small claims court. If the plaintiff (person filing the claim) wins the case, the court will issue a judgment in the plaintiff’s favor, which the plaintiff must then serve on the defendant (person being sued). The plaintiff must then file a Motion for Post-Judgment Discovery and/or Garnishment to compel the defendant to pay the awarded amount. The plaintiff must fill out the proper forms and serve the defendant with the motion. If the defendant does not contest the motion, the court may enter a garnishment order on the plaintiff’s behalf. If the defendant does contest the motion, a hearing will be held and the court will decide whether to issue a garnishment order. At the hearing, the plaintiff will need to prove that the defendant has the finances to pay the awarded amount. If the court issues a garnishment order, it will be served on the defendant’s employer, asset holder, or debt collector, who will then be required to withhold a portion of the defendant’s wages or assets. The garnishment order will stay in effect until the awarded amount is paid in full. If the defendant fails to make the necessary payments, the plaintiff may file a motion to extend or renew the garnishment order. It is important for the plaintiff to understand the Massachusetts process for obtaining a garnishment order as it is a crucial step when collecting a judgment from a defendant.

What is the process for obtaining a garnishment order in a small claims court case?

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