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 South Dakota, you may be subject to collection action taken by the plaintiff. Depending on the judgment, either the Plaintiff or their attorney may try to collect payment from you. This may include wage garnishment, bank levy, or property lien. Once the Plaintiff has received a judgment, they may have a lien on your property. This means any property or assets you own can be used to pay the debt. If the Plaintiff is still unable to receive payment after taking these steps, they may file a writ of execution with the court. This order authorizes the Sheriff to seize and sell your property to satisfy the debt owed. The Sheriff can also take funds directly from any accounts you have to pay the judgment. If you are unable to pay a small claims court judgment, you should speak with the Plaintiff or their attorney. Depending on your circumstances, the Plaintiff may be willing to reduce or forgive the judgment. Alternatively, you may be able to negotiate a payment plan to pay off the debt at a rate you can afford. It is important to speak with the Plaintiff or their attorney before taking any action, as the consequences of not paying can be serious.

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