District Court Department

I WON MY CASE BEFORE THE MAGISTRATE, WHAT DO I DO?

If you were sued by the other party and won, then the other party may not appeal from the magistrate's decision on that claim against you.

If you sued the other party and won and the magistrate awarded you money on your claim against the other party, you cannot collect the money until the time for appeal ends or until the appeal is decided. If there is no appeal, or if you win again on appeal, here are some steps you may take to collect your money:

A. Ask for payment

Ask the other party, known as the "Judgment Debtor" to pay the money or to turn over the property, as ordered by the magistrate.

B. Payment review hearing

If the magistrate has scheduled a payment review hearing and the Judgment Debtor does not pay the money before that hearing, the magistrate will examine the Judgment Debtor concerning his or her ability to pay the money, and may order immediate payment or a payment plan. At that hearing, you may examine the "Financial Statement of Judgment Debtor" form, and present any information to the magistrate that is relevant to the Judgment Debtor's ability to pay. If the magistrate determines that the Judgment Debtor is not financially able to pay any money now, you may ask the magistrate to schedule the matter for review on some future date. Certain income is exempt from any payment order of the court. To see a list of exempt income, click here. Any order of the court for payment will not include the defendant's income derived from these sources.

It is possible that an otherwise exempt judgment debtor may voluntarily make payments to a judgment creditor, but such an agreement would not be enforceable in contempt if payments ceased. It is also possible that a person who receives one of the benefits listed above may also receive wages from employment which could be the subject of a payment order.

Although a person may be currently unable to pay, a judgment is enforceable for twenty years during which time said person's financial condition may improve. A person's assets may be used to satisfy a judgment.

C. Notice to show cause

If the magistrate has not scheduled a payment review hearing and the Judgment Debtor does not pay the money, ask the clerk-magistrate's office to issue to you a "Notice to Show Cause," requiring the Judgment Debtor to appear before the court. You must be in court on that date. You must pay a fee to a municipal constable or a county deputy sheriff to serve this form on the Judgment Debtor, but that amount will be added to what the Judgment Debtor owes.

D. Capias (civil arrest warrant)

If the Judgment Debtor does not appear as ordered at the payment review hearing or after being served with a "Notice to Show Cause," ask the clerk-magistrate's office to issue to you a "Capias" (a civil arrest warrant) for the Judgment Debtor. You must pay a fee to a constable or a deputy sheriff to arrest the Judgment Debtor and bring him or her to court, but that amount will be added to what the Judgment Debtor owes. Give the constable or deputy sheriff your daytime telephone number, and ask to be telephoned when the Judgment Debtor is arrested and before he or she is brought to court.

E. Writ of execution

If you can identify any valuable property of the Judgment Debtor (real estate, motor vehicles, etc.) that could be taken and sold to pay your judgment, ask the clerk-magistrate's office to issue to you a "Writ of Execution." You must give the "Writ of Execution" to a constable or a deputy sheriff to seize and sell property of the Judgment Debtor to pay your judgment.