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 Rhode Island, the court may enter an order of execution. An order of execution authorizes the court to take your money or other property to satisfy the judgment. The court can order the sheriff or constable to seize your money or property and sell it at a public auction to pay the judgment. If you do not have enough money or property to pay the entire judgment, the court will take any money you have and apply it to the judgment. If there is still a balance remaining, you will remain liable to pay the judgment in full. In some cases, the court may agree to allow a payment schedule or to modify the terms of the judgment. If you are able to pay the judgment in full or in installments within 6 months, the court may modify the terms of the judgment. You must provide the court with a reasonable explanation of why you are unable to pay the judgment and a plan for paying the judgment in full. If the court agrees to the modified terms, you must stick to the terms or you may be found in contempt of court. If a payment plan is not possible, you may file a motion to vacate the judgment. The court may set aside the judgment if you have a valid legal defense, you made a mistake or there was a technical defect in the case. However, if you are unable to come up with a valid legal defense or provide new evidence, the court will not set aside the judgment. It is important to take action on a small claims court judgment. If you do not pay the court or file a motion to vacate the judgment, the court may issue a bench warrant for your arrest.
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