100-00277 – Notice to Defendant of Judgment Order in Small Claims Cases (09/2018) Page 1 of 1
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Docket Number:
NOTICE TO DEFENDANT OF JUDGMENT ORDER
IN SMALL CLAIMS CASES
This is to inform you that the Court has ordered judgment against you. This means that the court has decided
that you owe the plaintiff the amount of money stated in the judgment. Make your payment directly to the
plaintiff. Interest accrues at 12% per year on any unpaid balance.
Appeal
You may appeal the judgment to the superior court. To do so, you must file a notice of appeal and pay the
required fee to superior court within 30 days of the judgment. An appeal is not a new trial. A different
judge will review the tape or the transcript of the original trial and make a determination if an error was
made in applying the law to the facts. On appeal you are not allowed to present new facts or allowed to
restate old facts. Appeals can be complicated matters; you may wish to consult a lawyer before deciding
to appeal a judgment.
METHODS OF COLLECTION:
If you fail to pay the plaintiff within 30 days, or if you fail to make an installment payment, the plaintiff may
use one or more of the following methods to collect. For each method, the plaintiff can add additional filing
fees, interest and cost of getting the sheriff to serve the paperwork to the amount you owe.
Wage Garnishment also called Trustee Process
The plaintiff may request wage garnishment against earnings or other property. Upon receiving such a
request, the Court will set a hearing and notify the plaintiff, you and your employer. This means the Court
may order your employer to withhold your wages and send the amount directly to the plaintiff.
Financial Disclosure
Under certain circumstances the plaintiff can request the court to hold a financial disclosure hearing at
which you will be required to submit a financial disclosure statement and to testify concerning your
ability to pay the small claims judgment.
Judgment Lien
The plaintiff may record the judgment in the town's land records, creating a lien against your
property. The lien is good for eight years and may be renewed.
Writ of Execution
The plaintiff may obtain a writ of execution from the court which will direct the sheriff to demand money or
property from you.
Satisfaction of Judgments
If you pay the full amount of the judgment, the plaintiff must notify the court within twenty-one (21)
days. You may ask the court that the judgment be deemed satisfied.
