Enforcing Small Claims Judgments

Summary

In Missouri, if a defendant doesnt pay a small claims court judgment, you can request the court to issue an execution, garnishment, or debtor examination. Child support and disability payments are generally exempt from garnishment. Non-exempt assets like bank account balances or valuable items can be seized. A debtor examination involves questioning the debtor about their assets. Judgments are valid for 10 years and can be renewed. For unpaid rent and damages, file a lawsuit in small claims court and use similar enforcement methods. Consult a legal professional for specific advice.

Full Conversation

I have * similar examples but different situations. My question is, if a person goes through small claims court and gets a judgement for the defendant to pay the plaintiff a set amount of money, how do you make the defendant to actually pay up?
Hello Lesa, in Missouri, if the defendant doesn't pay the judgment:
- You can request the court to issue an execution. The sheriff can seize the defendant's non-exempt property.
- You can request a garnishment of the defendant's wages or bank account.
- The court can order a debtor examination to discover assets.
You should consult a legal professional for detailed guidance.
This person lived with her mom, didn't own a vehicle, and her only income was child support (and possibly SSDI). She supposedly didn't have a bank account. Her Mom cashed her checks for her. I was of the understanding that you can't garnish child support or disability payments.
Hello Lesa, in Missouri, you're correct that child support and disability payments are generally exempt from garnishment. However, you might consider other methods, like a debtor examination to discover any non-exempt assets. Please consult with a legal professional for specific advice.
Non-exempt assets are... ???
Hello Lesa, non-exempt assets are those that can be seized by creditors or by a bankruptcy trustee to pay off debts. In Missouri, this could include assets like bank account balances, rental income, or valuable items like jewelry or artwork, depending on their value.
What is and how does a debtor examination work? I've had to go to about setting something up like that?
Hello Lesa, a debtor examination is a court proceeding where the debtor is questioned about their assets. In Missouri:
- You must file a request for examination with the court
- The court will provide a date, time, and place
- You must serve the debtor a notice
Please consult a legal professional for specifics.
This particular situation happened quite a few years ago. I assume there's a statute of limitations where Im too late to do anything about that situation?
Hello Lesa, in Missouri, judgments are valid for 10 years and can be renewed for another 10 years. However, the process for enforcing judgments might be affected by the statute of limitations. Please consult with a legal professional for specific advice.
Ok. Now, my possible upcoming situation. I have a renter that I'm in the process of evicting. I didn't collect last month's rent from her at the time they moved in (lesson now learned), and her out date is supposed to be June 30th. She didn't pay June's rent and I don't expect to see her volunteering June's rent in the late fees. So but it's all over and done with and she's finally out of there which I'm sure will be past June 30th, what is the steps I need to take in order to get the past rent owed, the late fees, the cost of damages to repair, and the charges for the dates she is still there oast her June 30th out date.
Hello Lesa, in Missouri, to recover unpaid rent, late fees, damages, and holdover rent:
- You can file a lawsuit in small claims court.
- Obtain a judgment for the amount owed.
- If she fails to pay, use methods like garnishments or debt examinations.
Please consult with a legal professional for specific advice.
How effective is debt examinations? And after the examination, what forces her to pay up then?
Hello Lesa, debtor examinations can be effective if the debtor has non-exempt assets. After the examination:
- If assets are identified, you can request the court to issue an execution to seize them.
- If the debtor fails to comply, they may face contempt of court.
Please consult a legal professional for specifics.
What a time consuming pain in the butt on my part just to get someone to do the right thing, huh? Oh well, at least there are some options available. Thanks for all your help.
You're welcome, Lesa. It can indeed be a challenging process but remember, you have legal rights and resources to help you. Don't hesitate to reach out if you have further questions.
I'm sure I will. You people that work this app are awesome and much appreciated. Have a great evening.
Hello Lesa, thank you for your kind words. We're here to help you navigate through legal situations. Don't hesitate to reach out if you need more guidance in the future. Have a great evening!