What To Do After Your Small Claims Hearing

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 turned over, and who the money or items are supposed to be given to. 
• The deadline for payment or any other action ordered in the judgment.
• Instructions for each side: how to pay if you owe money and how to make sure you are paid if you are owed money.

If the court rules 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 person'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 other side owns (this is called real property). If they have any valuable possessions, you may be able to have those taken to be sold to cover the debt. If the judgment says they are supposed to turn over a specific item, or items, of personal property, you can ask the sheriff to get them.
• Ask the court for help: If you don't know where the defendant's bank is or where their personal property is, you can ask the court to make the other side 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 a protected source (like public benefits), and they don't have valuable personal property, you may not be able to collect until their situation changes. 

• Oregon law protects a minimum amount of income, certain types of income (such as Social Security, disability, and other benefit payments), and basic household items. 
• A person in this situation is sometimes called collection proof or judgment proof. 

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. You will see these terms in your court paperwork.

If the judgment 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.

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

• You can ask for a copy of the form at the courthouse. Find your court's address and contact information here.
• Download the "Satisfaction of Money" form from this link.
• File the "Satisfaction of Money" form online using the court's Guide & File system here.

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 (called an appeal or appealing the case).

• The only exception is if a very serious mistake was made in the court process. In that case, you can ask the court to look at the case again. 
• This is rare, usually requires legal advice, and is not guaranteed to succeed.
• If you think there was a serious error, talk to a lawyer to discuss your options. 

Go here to search our legal directory for free and low-cost legal services.

If you cannot pay the full amount by the deadline, talk to the other side. 

• Explain your situation and try to negotiate a payment plan.
• If you come to an agreement with them, make sure to get it in writing to avoid misunderstanding.

If you don't work out an agreement, and you can't or don't pay by the deadline, the other party can take legal steps to collect. They may be able to: 

1. Take money from 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, they cannot take all of your pay. You are guaranteed a minimum amount of income that can't be touched, and certain kinds of income (such as disability, Social Security, and others) are protected entirely.

2. 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. Like with paychecks, they can't take all of your money or take money if it comes from a protected source.

3. 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 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.