What happens if I am unable to pay a small claims court judgment?

If you are unable to pay a small claims court judgment in New Mexico, there are several things that happen. First, the court will issue a Writ of Execution, which requires the court clerk to collect the money from you. The court clerk can take the money from your wages, a bank account, your tax returns, and/or other sources of income or property. The court can also place a lien on your home. This means that the court can take possession of your home if you do not pay the judgment. Second, if the Writ of Execution does not secure enough money, the court clerk can require you to appear in court and answer questions about your ability to pay. If you do not appear or cannot prove that you cannot pay the judgment, a judge can order you to be held in contempt of court and you can be arrested. Finally, if the court determines that you cannot pay the judgment, they can order an installment payment plan. This plan will require you to make payments over a period of time in order for you to clear the debt. If you are unable to make these payments, the court can enter an order for wage garnishment, meaning your wages will be garnished in order to pay the debt. In any case, it is important to appear in court if you have been issued a Writ of Execution. This is your opportunity to explain why you are unable to pay the judgment. The court may be able to work with you to find a feasible payment solution.

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What happens if I am unable to pay a small claims court judgment?

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