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What Happens After Your Small Claims Hearing

After your small claims court hearing is over, the judge will make a decision. The judge may announce their decision at the end of the hearing or they may take more time to decide. 

The judge's decision is written down in a legal document called a "judgement." The judgment may say that one side legally owes money or an item to the other side. It’s important to understand what the judgment means and what steps to take next.

Regardless of whether you won or lost in court, this article will explain how to understand your judgment, what to do if the court ordered you to pay the other side, and how to collect if you are the one owed money.

What should I do when I get my judgment?

A judgment is the court’s official decision in your case. It explains:

  • Who won the case.
  • What the losing side is responsible for, such as paying money or returning property.

How to read your judgment:
Carefully review the judgment document for the following:

  • The exact amount of money owed (if any) or the specific items that are supposed to be given, and who they are supposed to be given to. 
  • The deadline for payment or any other action ordered in the judgment.
  • Instructions for the person and how the person who won can make sure they receive what they are owed.

Your next steps:

  • If the court ruled against you, start planning how to comply with the judgment. 
  • If the court ruled in your favor, consider how to collect what is owed.

What can I do if I think the judge got it wrong?

In small claims court in Oregon, a judge's decision is final.

  • This means that, unlike other types of court cases, you cannot ask another judge to review the decision if you think there was a mistake (this is called an "appeal" or "appealing" the case).

There is only one exception. In rare cases, if a very serious mistake was made in the court process, you can ask the court to look at the case again. This usually requires legal advice and is not guaranteed to succeed.

What do I do if the judgment says I owe the other side?

If the judgement says you owe the other side, it will include specific instructions for how to pay. 

Follow the instructions carefully. This usually means paying the full amount by the date listed.

Keep receipts or proof of payment for your records. This will show that you are following the court’s order.

What if I can't pay what it says in the judgment?

If you cannot pay the full amount at once, talk to the other side. 

  • Explain your situation and try to negotiate a payment plan.
  • Make sure you get any agreement with them in writing to avoid misunderstanding.

If you don’t work out an agreement, and you can’t or don’t pay by the deadline in the judgment, the other party can take legal steps to collect.

They may be able to: 

Take money from of your paychecks. 

  • With the judgment, the winning side can ask your employer to send them part of your paycheck until the debt is paid. 
  • This is called “wage garnishment.”
  • However, certain kinds of income (such as disability, social security, and others) is protected.

Take money out of your bank account. 

  • The winning side can also ask your bank to send them money from your bank account. This is called “bank account garnishment” or bank account seizure."

Put a claim on a vehicle or house that you own. 

  • They also may be able to put a claim on your property called a "lien." This means that they must be paid what they are owed before you can sell that property or vehicle.

For more about wage and bank garnishment, including your rights and protections, see this article.

To read our other articles about debt collection, start here.

If I win my case, how do I collect my money?

If the court ruled in your favor, it’s up to you to collect the money or property. The court does not do this for you.

You can start by contacting the person or business that owes you the money and asking how they intend to pay. Consider negotiating a payment plan if needed.

If the other person does not follow the order, your options include: 

  • Garnishment: You may be able to have money taken directly from the defendant’s wages or bank through a process called “garnishment.”  
  • Put a claim on their property: You also may put a legal claim, called a “lien” on any land, houses, or buildings the defendant owns (this is called “real property”), have some of their personal property taken to be sold to cover the debt, or have your personal property recovered by the sheriff.
  • Ask the court for help: If you don’t know where the defendant banks or where their personal property is, you can ask the court to require the defendant to come in and answer questions under oath.

When you can't collect: If the other side earns very little money or their income is from public benefits (like social security, disability, or other benefit payments), and they don't have valuable personal property, you may not be able to collect until their situation changes. 

  • This is because the law protects a minimum amount of income, certain types of income (such as disability income), and basic household items. 
  • A person in this situation is sometimes called “collection proof” or “judgment proof.” // Learn more about this here.

Legal terms to know: If you won your claim and the other side owes you, you are "Judgment Creditor."  If you lost, and the judgment says you owe the other side, you are the "Judgment Debtor." 

What happens when the debt is paid off?

Once the money has been paid or the item returned according to the judgment, the plaintiff (the person who filed the claim) must file a document with the court called a “Satisfaction of Judgment” or "Satisfaction of Money." This document shows that the disagreement has been settled according to the steps in the judgment. 

You can get a copy of the "Satisfaction of Money" form on the court's official web site for small claims forms. You can also fill out the form and file it online.

Download the "Satisfaction of Money" form from this link.

File the form online using the court's Guide & File system here. 

//Learn more about filing forms online here. 

 

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