Small Claims Collection of Judgments
Once you receive a judgment in
your favor and it is formally journalized, you may start collection
proceedings. The Clerks Office can
provide you with the proper forms and an instruction sheet, once you determine
the collection procedure you wish to follow.
However, it is your responsibility to obtain any and all information
regarding the individual from whom you are attempting to collect the debt.
Garnishment of Wages
must obtain the name and address of the employer. Before you file the Wage Garnishment, you must send a Statutory
Demand Notice (15 day notice) to the person.
These forms may be obtained from the Clerk’s Office. After the 15 day waiting period, bring in
your completed and typed Wage
Garnishment forms with the filing fee of $60.00 for judgments of $3,000 and
less; $95.00 for judgments over $3,000.
Attachment of Bank Accounts
must determine the names of the banks where the person has accounts which can
be attached. Prepare the forms and file
them with the Clerk’s Office along with the fee of $35.00 for the first bank
and $10.00 for each additional bank, plus a separate check in the amount of
$1.00 made payable to each bank.
Lien Against Real Property
“Certificate of Judgment for Lien” can be requested from the Clerk’s Office for
a fee of $15.00. You may file the
Certificate of Judgment for Lien with the Clerk of Court’s Office in the county
where the Defendant owns property. It
is your responsibility to research real property ownership.
Levy (Only Property Located in Cuyahoga
must determine if the person has any personal property belonging solely to him
or her (i.e., automobile, furniture, office equipment, etc.). If you wish to levy on an automobile, you
must verify if the person is the owner, location, model/year and color. If possible, get the serial number and
license plate number. On all other
items, you must have a complete description and location. The filing fee is $75.00. If a Sheriff Sale goes forward, there will be
an additional cost of $350.00 to pay for appraiser fees, advertising, etc.
Examination Before the Judge (Long Aid)
person is required to come to Court to testify about his assets and where they
are located. You must be present to
conduct the questioning. The filing fee
is $50.00 if the defendant is in the Courts jurisdiction and $60.00 if outside
the judgment is not paid in full within 30 days, you may request the Court to
send the person an order to report his assets.
If no response is received within 20 days, you will need to contact the
Court in writing, and it will be set
for further Court action. The cost for
the asset form is $10.00.