Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
In Indiana, it is illegal to collect a small claims court judgment outside of court. The Indiana Small Claims Rules of Procedure states that “collection by party or attorney of a judgment that has been entered in a small claims court action is prohibited.” This means that the individual or business that is owed money must go through the court to get the judgment enforced. If a person or business tries to take a judgment into their own hands, then they may face criminal penalties. If someone has a court judgment against them, they must pay the judgment in the manner ordered by the court. They should not make any payments outside of the court order. If a person or business wants to try and collect the judgment outside of court, they should first contact an attorney for advice on how to proceed. In some cases, the court may enter a garnishment order on behalf of the plaintiff to collect the judgment. This order requires the defendant’s employer to withhold money from their paychecks and turn it over to the court for payment. In other cases, the court may issue a lien on property, such as a vehicle, which allows the court to take possession of the property if payment is not made. Ultimately, it is important to remember that the court has the authority to enforce a small claims judgment and any attempt to collect a judgment outside of court is illegal and could result in criminal penalties. It is always best to seek legal advice before attempting to collect a small claims court judgment outside of court.
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