ADVICE AND SOLUTIONS
Small Claims Assistance
1. If the Defendant Pays the Judgment
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The matter is resolved.
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The court case is effectively over.
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The claimant should notify the court that the judgment has been satisfied.
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The defendant can ask the court to mark the judgment as "satisfied" on their credit record if it's paid within 30 days.
2. If the Defendant Does Not Pay
The claimant can enforce the judgment using several methods. These include:
a. Warrant of Control
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The court instructs bailiffs to recover the money or seize goods to sell.
b. Attachment of Earnings Order
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The court orders the defendant's employer to deduct payments from their wages.
c. Third Party Debt Order
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Freezes money in the defendant’s bank account or owed by another party (like a customer).
d. Charging Order
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Places a charge on the defendant’s property (e.g., a house), which may be enforced by an order for sale.
3. Registering the Judgment
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Judgments are entered into the Register of Judgments, Orders and Fines.
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If unpaid after 30 days, it will stay on the defendant’s credit record for 6 years, affecting their credit score.
4. If the Defendant Disagrees with the Judgment
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They can appeal, but only if there was a clear legal or procedural error.
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Alternatively, they can apply to set aside the judgment (e.g. if they didn’t receive the claim properly or had a valid reason not to respond).
Summary Flow
Judgment given-decision made in favor of claimant or defendant
Defendant pays-case closed
Defendant doesn’t pay Claimant can enforce the judgment
Judgment Appealed or Set aside-court reviews the judgment again