Trial
All small claims are scheduled for the same time. The Judge may have several or very few cases to hear. This is difficult to determine prior to hearing time. If you arrive on time and have all your witnesses and evidence ready, it will help him settle your claim promptly.

When the Judge calls your case, the defendant and all witnesses will be sworn in. The hearing is an informal matter. Do not try to play lawyer; just state your claim as simply as possible. If necessary, refer to the papers or evidence you have brought with you. If you furnished copies for the court file, the Judge/Magistrate can follow along.

The person you are suing will then have an opportunity to tell the Judge why he feels he does not owe you that claim. After all the testimony and evidence have been presented, the Judge will render his decision.

Collecting Money From A Small Claims Judgment
If you sued someone for money and received a judgment against that person, you have the right to collect the money.

How Much Can I Collect?
You can collect the amount stated in your small claims judgment (form DC 85) plus any interest that accumulates during the time the other party pays off the judgment.

How Can I Collect My Money?
There are several ways you can collect your money.

1. If the other party(defendant) has the money and is present at the trail, s/he can pay you right then.
2. If s/he does not have the money at that time and you both agree at the trail, the judge can set up a payment schedule.  If the defendant is not present at the trial, the court will send a copy of the small claims judgment to the defendant.  The judgment will order the defendant to pay you in full within 21 days.
3. If the defendant doesn't pay the judgment as ordered, you will have to collect your money through an request and order to seize property or a garnishment..

What Is Request and Order to Seize Property?
Request and order to seize property is a court procedure allowing the court officer to seize property belonging to the defendant which can be sold to pay for your judgment.  If you want to file a request and order to seize property, you may use form MC 19, Request and Order to Seize Property.

What is Garnishment?
Garnishment is a court procedure allowing you to collect your judgment directly from the defendant's wages, bank account, or other source such as income tax refunds.  If you want to file a garnishment, see the court clerk for the proper forms.  Instructions are included with the forms.

How Do I Get A Request And Order to Seize Property or A Garnishment?
To get a request and order to seize property or a garnishment, you will first need to know where the defendant lives and works, what assets s/he has and where the assets are located, and any other information which identifies the defendant and his/her property.

• If you have the information described above, you can start the process for a request and order to seize property or a garnishment.
• If you don't have the information described above, you will need to order the defendant to appear in court for questioning through a process called discovery.  You can start this process by filing a discovery subpoena..

Filing a Discovery Subpoena
You must wait 21 days after your small claims judgment was signed before you can file a discovery subpoena.  Form MC 11, Subpoena (Order to Appear) can be used.

Contact the court for an appearance date before putting the date and location on the form.  Complete both the front of the Subpoena and the Affidavit for Judgment Debtor Examination on the back.  The filing fee is $15.00.

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