Michigan Small Claims

In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor's property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed.

If the court eventually decides you owe the money a court order or county court judgement (CCJ) will be made against you. You should pay this as soon as possible. Otherwise the other party can send bailiffs round to take your possessions away you'll have to pay the costs of this so your debt will get bigger.

In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

Start the process by filing a subpoena with the court that entered the judgment. You can use the subpoena form from the Michigan One Court of Justice website. Complete the front of the form and the Affidavit for Judgment Debtor Examination section on the bottom of the form.

A simple way to collect a judgment is by deducting money out of the debtor's paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.

The filing fee is: $30 for claims up to $600. $50 for claims over $600 up to $1,750 and. $70 for claims over $1,750 up to $6,500.

Keep in mind that if you do NOT pay the judgment: The amount you owe will increase daily, since the judgment accumulates interest at the rate of 10% per year. The creditor can get an order telling you to reimburse him or her for any reasonable and necessary costs of collection.

In small claims you give up your right to a jury trial, to be represented by an attorney and your right to an appeal beyond this court. The simple fact that the court decides in your favor does not automatically mean that the defendant will pay the judgment and costs. The court can only award judgment for money.

Start the process by filing a subpoena with the court that entered the judgment. You can use the subpoena form from the Michigan One Court of Justice website. Complete the front of the form and the Affidavit for Judgment Debtor Examination section on the bottom of the form.