Collecting the monetary award isn’t as straight cut as you may think. Even though you may have won in Small Claims Court, you still need to collect your judgment. Many people don’t know how to obtain the money and it may not be as easy as you thought to get the other party to pay up. But it doesn’t have to be a stressful and complicated process if you know the proper procedure. Here we go into detail on the three most common processes to collect your money after your case.
If you have won a judgment you may be able to intercept some of their wages through their employer. This most common form of garnishment is called wage garnishment. This involves a judgment creditor (who is owed the debt) filing a court order requiring the employer to pay directly to the creditor as opposed to the employee. Another common garnishment involves the bank, ordering it to turn over any account funds to the creditor.
A construction lien is created to protect professionals from the risk of not being paid for services that they have supplied. The contractor makes a claim against the property within 45 days after the last day of work or materials being delivered. If the owner is not satisfied with the work completed, they cannot just simply stop payment – the lien ensures that payment must be paid, even to subcontractors.
Writ of Sale and Seizure
Sometimes when it’s required to order the payment of money, the court can issue a writ(s) of seizure and sale. The writ(s) are filed with the enforcement providing authority to seize and sell the personal property and real property (land) belonging to the debtor. This can also include binding land belonging to the debtor in the enforcement office’s geographical jurisdiction.
Conducting the Process
The courts don’t get involved when it comes to collecting your cash after your judgment. It’s completely up to you to claim the money. Getting involved in a garnishment, construction lien, and write of sale and seizure can be a complicated process. But with the advice and professionals of legal services, you can easily turn your court order into the cash you deserve. A legal team has the knowledge and experience to help you navigate the system and shorten the process and time it takes for you to receive the money owed to you.
Don’t get stuck winning a case and being left without the funds owed to you. Consult Shaw Legal Service today to help you with the next steps in recovering your judgment.