Installment Orders: Court has power to order as a term of settlement or after judgment has been handed down.
Should the debtor not pay, then the creditor can serve a Notice of Default of PaymentSteps:
- File a Writ of Seizure and Sale of Personal Property immediately in the jurisdiction of the court and where the debtor lives (if the place of residence is in a different jurisdiction than the court)
- Ask for a Certificate of Judgment
- File a Writ of Seizure and Sale of Land. If they have land, it will prevent them from selling said land and receiving financing for new property. If they do not have land, this may prevent them from obtaining financing for any land they may wish to acquire in the future.
- Move to garnish the debtor’s income and bank accounts
- If all else fails, then file for an Examination of the Judgment Debtor which will indicate anything that may be seized including sources of income or assets available for seizure and sale as well as any debts, liabilities and/or expenses. Upon notice of an Examination Rule 20.10 governs the procedure of conducting a judgment debtor examination. (incl rule 20.10)
- File an Affidavit for Enforcement Request (Form 20P), file a Form 20O to seize personal property.
- Writ of Seizure and Sale of Personal Property enforced by the bailiff of the Small Claims Court.
- Post-judgment interest will have to be constantly recalculated based upon the amount owing if they debtor is paying in installments.
Examination of Judgment Debtor:
- Affidavit for Enforcement Request
- File Notice of Examination with the clerk and serve personally upon judgment debtor or in accordance with Rule 8.
- Pay $35.00 to the court clerk to file the claim