What if I Go to Small Claims Court and Win, but Don't Receive Payment?

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If you're unable to collect a judgment (which is the court's official decision), find out how long the judgment will be valid, and whether you can file a renewal once that period expires. That way, if the party later 'comes into money' you will have preserved your claim against them. In some states a judgment becomes a lien against the real estate of the person who owes the judgment.

There are also legal actions you can take to collect the judgment. For example, the debtor's wages or bank account can be garnished, or property of the debtor may be sold by legal process. You may need to consult an attorney if you're unable to collect a small claim judgment because the procedures are rather complex. And it's important that you follow the procedures closely to avoid dismissal.


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This content is for information only and may be incomplete. It is not intended to be legal or tax advice.
You are encouraged to consult with your own attorney, accountant or other advisor.




 
     
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