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small claims court


egreir

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"If you win, you’re entitled to the money or property the judge decides is due you, plus out-of-pocket expenses such as the fees discussed before.

If you win a money judgment, the judge will order the defendant to fill out a financial disclosure form and mail or deliver it to you or the clerk of court. The defendant must list his or her residence, employers and their addresses, financial institutions where he or she has funds on deposit, real estate owned, automobiles, cash on hand, and other assets or sources of income. The completed form must be sent to you or the clerk, or the judgment paid, within 15 days from the date the judgment is entered.

If the defendant doesn’t pay, you have several options. You may docket the judgment at the courthouse by paying a $5 fee. The docketed judgment then acts as a lien on the defendant’s real estate. You also may start a garnishment action to obtain a portion of the defendant’s earnings or bank deposits, subject to the earnings and bank deposit exemption statutes. If the defendant fails to file the required financial disclosure form, you can ask the court to hold the defendant in contempt.

To preserve your right to enforce the judgment, a party should always docket the judgment in the county in which the judgment was taken and file a transcript of the judgment in any other county in which the losing party has, or may have, real estate. The fee for issuing a transcript by the county of original jurisdiction is $5. The fee for filing a transcript of judgment in another county is $5."

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And for another small fee I will camp out in a lawn chair and watch it happen. I'll even throw in some applause and general trash-talking, the kind to be expected of belligerent, middle-aged men in that biker bar that's been shut down a time or two for some questionable gunfire.

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