How To Collect On A Judgment
Collecting AmountYou can collect the amount that is on your judgment form plus any interest that accrues. Once a judgment is in place, the plaintiff is the Judgment Creditor and the defendant is the Judgment Debtor.
1. Garnishment - 21 days after judgment: Filing Fee $15
a. Periodic - Form MC 12 - A garnishment against the defendant's wages. This garnishment is good for 91 days or until the judgment is paid off. You must know where the defendant works.
b. Non-Periodic - Form MC 13 - A garnishment against the defendant's bank account. You must know where the defendant has a bank account and the account number. Once money has been garnished under a non-periodic garnishment the writ is no longer valid.
c. Income Tax - Form MC 52 - A garnishment against the defendant's state income tax. Valid for one garnishment. You must know the defendant's social security number.
2. Order to Seize Property - 21 days after judgment: Filing Fee $15
a. An Execution is a court order allowing a court officer to seize property belonging to the defendant. Items that are seized are sold and the proceeds, minus the court officer fee, are released to the plaintiff.
b. Form MC 19 - You must know where the defendant resides, what assets he/she has and where the assets are located.
3. Discovery Subpoena - 21 days after judgment: Filing Fee $15
a. A Discovery Subpoena is served upon the defendant, and it orders the defendant to appear in court to provide information concerning their assets.
b. Form MC 11
c. Call the court to find out a hearing date.
d. Complete the front of the Subpoena form
e. Complete the Affidavit of Judgment Debtor Examination, which on the document is located on the second page toward the bottom.
f. The judge must sign the subpoena before it is effective.