Debt Collection, Garnishment, Repossession

questions & answers

Question: We received a judgement in out favor in Small Claims and then had a debtors examination that was a no show. How do we collect this debt?

Answer:

Here is an excerpt from the Maricopa County Superior Court's website:

How is the judgment collected?

The plaintiff may be awarded a judgment on the claim against the defendant or the defendant may be awarded a judgment on a counterclaim (if one was filed) against the plaintiff. he party awarded judgment is known as the Judgment Creditor and the party who the judgment is against is known as the Judgment Debtor.

• Judgment Debtor Exam/Supplemental Proceedings.
To obtain information about the Judgment Debtor's employment, bank accounts or other assets you may ask the Court for an order for a debtor's examination to be held immediately following the trial or at any other time after judgment. Additional fees and costs are required for issuing and serving an order for a debtor's examination (called an Order for Supplemental Proceedings).
• Writs of Garnishment
A Writ of Garnishment of earnings can be issued after you make a formal written demand for payment of the judgment amount. A Writ of Garnishment of non-earnings can be issued to garnish other assets, such as a bank account or other income property.
• Writ of Execution
A Writ of Execution empowers the Constable to levy on non-exempt personal property of value. You must provide a description and the location of the property.
• The clerk can provide you with the necessary garnishment or execution forms. You will have to pay additional fees and costs for issuing and serving Writs of Garnishment and Writs of Execution.
If your judgment is the result of an automobile accident for which you have an accident report and remains unpaid 60 days after the judgment has been entered, you may notify the court. A clerk will then report the non-payment to the Arizona Department of Transportation, Motor Vehicle Division, pursuant to ARS 28-4071. MVD will susspend the judgment debtors driver's license, registration and non-resident operating privilege.

When you are paid in full you must file a Satisfaction of Judgment with the court. This form is available from the court.