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The Judge Decided in My Favor, But the Defendant Refuses to Pay Me, What Do I Do Now?
If the Defendant is a business, they very likely will pay up right away. Send a reminder
letter to the other party and keep a copy for yourself.
If they still do not pay, of if the Defendant is an individual who says they cannot or will not pay,
there are procedures you can follow to force the Defendant to pay you. A Citation to Discover Assets
(Form 21D) along with A Citation Notice (Form 21D (a)) can be filed. At a hearing, the Defendant will
be placed under oath and you will have the opportunity to ask him questions about his income, his
assets (such as bank accounts), his employment, and any other questions relating to his ability to pay
the Judgment. The Judge may then set specific terms for the Defendant to pay the Judgment.
Other procedures, can also be used to collect your money. Some of these procedures include:
- A Rule to Show Cause hearing to hold the Defendant in contempt of court for not paying as he was
ordered to
- Placing a lien on the Defendant's real estate
- Having a Sheriff take the Defendant's personal property and sell it; and
- Having the Defendant's wage or bank accounts garnished
If you want to attempt any of these procedures, you should definitely seek the advice of an attorney.
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