when you don't win a judgment in small claims court, how do they make you pay up? what happens if you don't

Question

pay?

Answer 1

If someone gets a judgment against you, the court orders you to pay. If you can persuade the judge that you do not have the money, he may agree to have you make monthly payments, to the court, until the judgment is paid.
If you do not pay, you could be cited for Contempt. Jail time could be ordered for the Contempt charge. You might then have to pay the judgment and court costs, as well as pay for your keep while in jail.
The judge can order the country Sheriff to attach any assets you may have and sell them until the judgment is paid.
If you still cannot pay, the person getting the judgment can renew it indefinitely so you'll have the debt hanging over your head forever.

Answer 2

If you don't pay up, the plaintiff will file again with the court. You will be ordered to show cause, i.e. give the court a reason for not paying. If you don't have a valid reason, you will be ordered to pay up. If you fail to do so you can be jailed for contempt of court.

If you do have a valid reason, i.e. no money (but be prepared to prove it) the court will order a payment plan. If you fail to meet the terms of the payment plan, go back to the top and start reading again.

The plaintiff can also use the judgement to garnish your wages or force a sheriff's sale in some jurisdictions.

Answer 3

It depends on where you live and the lawyer that pursued the case. Many places it is 30-60 days to make full payment of the attorney the pursed the case will seek a garnishment against your wages. If you own any property, some states have an automatic attachment provision whereby you cannot sell the property without paying off the debt in full, including attorney fees; if the judgment is substantial, they can request a foreclosure/Sherriff's Sale and seek to attach/freeze any depository/checking accounts that you have.

Answer 4

Bostonianinmo and Regerugged pretty much have it all covered.

Just to clarify one part, jail time for contempt would only apply if you had the money readily available and just willfully refused to pay. The judge probably won't (arguably can't) lock you up if you don't have the capability to pay, because the US law doesn't recognize debtor's prison.

But the court can order seizure of assets (bank accounts, etc.), garnishment of wages, and so on to satisfy the debt if you don't make a good faith effort to pay.

Answer 5

nobody got this right. i hope you idiots ARE lawyers...you have about 28 days to appeal the judges ruling in a higher court . once you win you may start collections but there are no guarantees.

Answer 6

Jail time.