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Judgment Enforcement

How to Collect a Judgment

After the Court enters an order for judgment for a case, the losing party must follow and pay the order accordingly. When a party refuses to adhere to the order, the order may need to be enforced by the moving party. This can be a difficult process. First, the moving party should file a Petition for Contempt with the Clerk of Court. The Clerk will also give detailed instructions for enforcing the court order upon the opposing party. The Clerk may ask you to fill out a financial affidavit at that time as well. After the Petition for Contempt is processed by the Court, a formal Order of Notice will be entered. The Petition and Order should be taken to the Sheriff’s office where they will personally serve the opposing party. The Sheriff will then send a Return of Service to the moving party after this has been completed. This Return of Service shall be filed with the Clerk of Court and a court hearing will be set. At the hearing, the judge will enforce the order by entering a Writ of Garnishment to begin garnishing the party’s wages or other such means to acquire the money owed. If the opposing party fails to show, he or she may be found in Contempt of Court.

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