Magistrate Court - Post Judgement Actions FAQ's

What actions can be taken in the Magistrate Court after a judgment has been obtained in order to collect the judgment if the defendant doesn't pay willingly?


Continuing (Wage) Garnishment
- A continuing garnishment is a type of garnishment used when the judgment debtor is a wage earner. The amount deducted is based on the defendant's net wages. The continuing garnishment lasts for a total of 195 days from the date of service or until the judgment amount is collected, whichever event shall first occur. If there is still a balance due at the end of the 195 days, the plaintiff can file a new continuing garnishment. A continuing garnishment is filed in the county where the garnishee is located.Please see the list of filing fees for the fee for this service.

Regular (Bank) Garnishment - A regular garnishment is filed when you are trying to collect the judgment amount from the defendant's bank account, credit union, or from a general contractor. It is good for a total of 45 days from the date of service. It should be filed in the county where the garnishee is located. Please see the list of filing fees for the fee for this service.

Interrogatories - The purpose of the post judgment interrogatories is to ascertain what assets, if any, the judgment debtor owns to satisfy the judgment. They are sent to the defendant by certified mail. The defendant has 30 days from receipt of the interrogatories to file an answer. If the interrogatories are not answered within 30 days, the plaintiff can file a request for a show cause hearing. Please see the list of filing fees for the fee for this service.

Writ of Fieri Facias - A writ of fieri facias (usually called a fi.fa and pronounced "fi.fay”) is a document that is issued by the Magistrate Court Clerk's office for the purpose of recording a lien on the judgment debtor's property. After the fi.fa has been recorded in the Magistrate Court, it is sent to the Superior Court so that it can be recorded on the General Execution Docket. A fi.fa is also the legal instrument by which the sheriff of the county may seize the assets of a judgment debtor by way of a levy. After a fi.fa has been paid and satisfied, it is the plaintiff's responsibility to file a cancellation of the fi.fa. Please see the list of filing fees for the fee for this service.



 
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