| Adopted Date: | 12/19/2024 |
|---|---|
| Effective Date: | 02/03/2025 |
| Updates: | Adopted December 19, 2024, effective February 3, 2025 |
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Trial Court Rules Uniform Small Claims Rule 7A: Payment hearing required
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Table of Contents
(a) Where defendant is before the court when decision is announced
If the decision of the court is for the plaintiff and the defendant has appeared and is before the court when the decision is announced, the court shall conduct a payment hearing on the same date the court announces its decision or at another established date before issuing any payment order. Should either party request a further date for purposes of providing documentation as to their financial statement, the clerk may grant a continuance.
(b) Where defendant is not before the court when decision is announced
If the defendant is not before the court at the time of the decision or the defendant has not appeared, the court shall issue notice of its judgment. The notice of judgment shall not include a payment order. If the court issues a money judgment, the matter will be scheduled for a payment hearing thirty days from the date of judgment or shortly thereafter, unless: (1) the defendant timely appeals from the judgment, (2) the plaintiff waives the payment hearing, or (3) the plaintiff informs the court that the judgment has been satisfied. The plaintiff, or plaintiff’s counsel, and defendant are required to appear in court for the payment hearing.
(c) Agreement for payment order
Whenever the parties agree to a payment order, the court shall conduct a payment hearing. Any agreement for a payment order must be filed with the court during a payment hearing with both parties present. The court may not accept an agreement for payment order which is not recorded on a court-promulgated Agreement for Proposed Payment Order form, an agreement for payment order submitted by mail or electronically, nor an agreement for payment order submitted when all parties are not present. Whenever the court receives an agreement for payment order by mail, or which is otherwise not in compliance with this rule, the agreement shall not be accepted for filing with the court and shall be returned to the sender. The court shall notify all parties that the agreement has been rejected for failure to comply with the requirements of this rule.
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