Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
In Washington, collecting a small claims court judgment outside of court is not prohibited by law. However, it is important to be aware of the rules governing the process of collecting a small claims court judgment. Generally, when a defendant fails to pay a judgment as ordered, the judgment creditor can take steps to collect the debt. In Washington, these are called post-judgment remedies. Post-judgment remedies can include garnishing wages, seizing non-exempt property, or filing a lien against real estate. Small claims court judgments cannot be discharged through bankruptcy. Furthermore, a judgment creditor may file a Satisfaction of Judgment with the clerk of court to document the paid debt. It is important to remember that a party to the judgment should never take direct action to collect a debt. This can be called “self-help”, and it is against the law in Washington. For example, a creditor cannot directly seize a debtors’ property. Therefore, while a small claims court judgment may be collected outside of court, it is important to be aware of the statutes governing post-judgment remedies and to act within the bounds of the law. Furthermore, a judgment creditor should consult with an attorney prior to taking any action to collect a debt.
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