Frequently Asked Questions

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.

There are several ways you can collect your money.
1. If the other party (defendant) has the money and is present at the trial, he/she can pay you right then.
2. If he/she does not have the money at that time and you both agree at the trial, the judge 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 30 days or tell you and the court where he/she works and the location of his/her bank accounts on form DC 87, Affidavit of Judgment Debtor.
3. If the defendant doesn't pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment.

Execution is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for your judgment. If you want to file an execution against property, you may use form MC 19, Execution Against Property.

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.

The garnishee has 14 days after the Writ is served to let you, the court, and the defendant know if any money is available for garnishment. This information will be provided on form MC 14, Garnishee Disclosure. If you are trying to garnish wages, you will only receive part of the wages based on a federal formula.
If money is available, it will be withheld from the defendant right away. However, this money will be held for 28 days to allow the defendant time for objections. If there are no objections, the withheld money will be automatically sent to you after 28 days. If the garnishment is for periodic payment, money will continue to be sent to you as payments become due to the defendant until the writ expires.

If your case against the defendant involved a traffic accident, you can ask the court for an abstract of judgment which suspends the defendant's s Michigan driver license until he/she pays the judgment. You must wait 30 days after the judgment date before you can get an abstract of judgment. You need to provide the defendant's full name, date of birth, and Michigan driver license number. There is no filing fee. The court clerk should have the necessary forms SCAO FORM - DCI 84 (10/93).