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

If you have a judgment in a small claims court case and the defendant (the party you sued or the person to whom you are owed money) has not paid the judgment, you may be able to obtain a garnishment order. A garnishment order requires the defendant to make regular payments to the court on behalf of the plaintiff (the person who won the judgment). To obtain a garnishment order, the plaintiff must file a separate motion with the court. Once the motion is filed, the court will set a hearing date. The plaintiff is responsible for serving the defendant with the summons and the motion for garnishment prior to the hearing date. You may contact the court clerk to ask about the best way to serve the defendant. The plaintiff is also required to set up a payment plan with the court prior to the hearing date. At the hearing, the court will consider the evidence presented by the plaintiff and the defendant, and will then issue a judgment regarding the garnishment order. If the judgment is in favor of the plaintiff, the defendant will then be required to make regular payments to the court on behalf of the plaintiff. The garnishment order will remain in effect until the judgment is paid in full.

Related FAQs

What is the process for appealing a small claims court decision to a higher court?
How do I know if I should appear in person in a small claims court case?
How do I submit a written statement in a small claims court case?
How do I file a claim in small claims court?
Is it necessary to have a lawyer to represent me in small claims court?
What is the process of submitting a complaint in a small claims court case?
Can I get an extension on my small claims court case?
Are there any other remedies available to me for nonpayment of a small claims court judgment?
Can I request attorney fees in a small claims court case?
Are there any special rules or procedures I need to know when filing a claim in small claims court?

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

Related FAQs

Related Blog Posts