100-00276 – Notice to Plaintiff of Judgment Order in Small Claims Cases (06/2019) Page 2 of 2
METHOD 2 - FINANCIAL DISCLOSURE
If you don't know where the defendant works or what property the defendant owns, this method may
assist you in learning information that may help you to collect your judgment. The court will determine
whether the defendant has the ability to pay. It enables you to require the defendant to tell the judge
about ability to pay. You must:
• request a motion for financial disclosure form from the court
• file the motion and the required fee with the court clerk
• attend a court hearing after notification of the hearing date
If you learn at the financial disclosure hearing that the defendant is not a wage earner, does not own any land
or buildings and does not have any money in the bank, you probably will not be able to recover any money
until the defendant's financial situation changes.
METHOD 3 - JUDGMENT LIEN
If the defendant owns land or buildings in Vermont, this method is likely to provide long term success. It
enables you to place a lien on the defendant's property in the town land records. Some defendants will
choose to pay you in order to remove the lien. Those who don't will probably have to pay you at that time in
the future when they want to sell or transfer their property. You must:
•
find out where the defendant owns land or buildings in Vermont
•
tell the clerk you would like to record a judgment lien with the town clerk
•
tell the clerk the name of the defendant and docket number
•
ask the clerk for a certified and attested copy of the Judgment Order and pay the clerk the required fee
for the certified and attested copy
•
file the certified and attested copy with the town clerk’s office in the town where the defendant
owns land or buildings: The town clerk may require you to pay a recording fee to the town.
The lien is good for 8 years from date of judgment and can be renewed.
METHOD 4 - WRIT OF EXECUTION
If the defendant has money or property and will voluntarily pay the money or turn over the property to a
sheriff who requests it, this method could work. It enables you to get a court order directing the sheriff to
visit the defendant and demand payment. In most cases the defendant refuses or is unable to pay the
sheriff and you will end up empty-handed. You must:
•
find out where the defendant lives or works
•
request a Writ from the court clerk and pay the required fee
•
tell the clerk the name of the defendant and docket number, the date and amount of the judgment
and the date and amount of any payments made to you after the date of the judgment
•
take the Writ to the Sheriff in the county where the defendant lives or works and pay the sheriff the
service and mileage fee
•
after the Sheriff returns the writ to you, return the writ to the court clerk
Before you get too discouraged, note that many defendants comply with court orders and pay the money
owed. For those who don't, keep in mind that judgments are good for eight years and many people will
accumulate money within that time. If you don't receive your money within eight years, you can file a new
case requesting the court to renew your judgment for another eight years.
Checks or Money Orders should be made payable to Vermont Superior Court with the appropriate post-
judgment fee.
