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Small Claims court allowed monthly payments?
Posted by: ;AWNrale ()
Date: July 06, 2015 02:32PM

I owe someone $3000 dollars. He said If I don't pay him I will have to go to court, I can work out monthly payments will smart Claims court allowed that? I know they do that in tv

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Re: Small Claims court allowed monthly payments?
Posted by: tv is not the real world ()
Date: July 06, 2015 04:31PM

If you go to mediation (offered before small claims court starts) you can do a payment plan. Otherwise, if they win and get a judgment against you, they can do as they like (within limits of the law) to collect. They are NOT required to accept payments.

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Re: Small Claims court allowed monthly payments?
Posted by: hHMk4 ()
Date: July 06, 2015 05:30PM

Funny how it took someone threatening to take you to court before you decided you would be willing to pay up on your debt.

To answer the question, draft up an agreement with the individual and state you're going to start making payments. Write checks and keep a log. If they choose to go to court, you will have evidence of payment in good standing.

It's really not rocket science, just apply some basic common sense.

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Re: Small Claims court allowed monthly payments?
Posted by: mmt ()
Date: July 06, 2015 07:25PM

My wife used to work for DMV.

She says that peoples' drivers licenses are suspended for unsatisfied judgements all the time.

To get their license back they have to either pay the judgement in full or bring proof of a payment agreement. (they also have to file SR-22 insurance and pay reinstatement fee)

Does the plaintiff (winner of lawsuit) HAVE to accept payments? I don't know, but it seems they would be crazy not to. In many cases the choice would be something vs. nothing. Plus, if the defendant stops paying before the judgement is satisfied, the plaintiff can have their drivers license suspended again.

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Re: Small Claims court allowed monthly payments?
Posted by: he married a moron ()
Date: July 06, 2015 08:36PM

Your wife-typical stupid DMV employee. License only suspended if judgment involves accident. DMV could care less about anything else. You fail as does your wife.

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Re: Small Claims court allowed monthly payments?
Posted by: been_there_done_that ()
Date: July 06, 2015 11:12PM

Small claims judges cannot order a payment arrangement. They enter a money judgment for the amount owed.

If you get sued, agree to mediate if the other party is willing to as well. You can sign a mediated agreement that includes a payment plan. This can be done before your small claims court date arrives.

If at all possible, avoid a judgment being entered against you. Have you tried talking to the other party and asking him/her to accept payments? How long will it take you to pay the full amount? If you get sued in small claims court, you can transfer the case to the General District Court and slow the process down for about three to four more months. That may be all the time you need to get the debt paid.

If the other party won't agree to anything and a judgment is entered against you, still keep paying the other party as much as you can as fast as you can. However, don't let the other party know where you bank so that they can't garnish the account. If they already know, don't keep money in the account until the debt is paid. If they know where you work, you are basically sunk since a wage garnishment is the best way to get the judgment paid from the creditor's point of view.

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Re: Small Claims court allowed monthly payments?
Date: July 06, 2015 11:54PM

If you make small regular payments to someone you do owe, It would be Really Really hard for them to take you to court as you would be making a sincere effort to pay them . As said here keep your checks or cash receipts as proof of your payments.

And if some one does get a judgment against them. Making some one pay up all at one time LMAOROTF. Forget it. the best they could hope for is a garnishment system of payments set up and that's Oh So easy to get out of temporarily if you change jobs. And harder yet if you move out of state. Trying to get money out of people is a real hassle if they don't want to settle up. You cant get money from some one who has none!

And as far as small claims court goes, If the case is appealed to the Circuit Court the game changes and yes payments will have to be accepted.

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Re: Small Claims court allowed monthly payments?
Date: July 07, 2015 12:10AM

>However, don't let the other party know where you bank so that they can't garnish the account

And that's why so many people that are poor and cant pay don't have a bank account, they get their pay check and get it cashed at one of these $$ Rip Off Check cash places then buy 7-11 or Post Office Money orders to pay all there bills. Cash payment for every thing else.

I can be a conservative hard line "Ass Hole" but I do have empathy for the down and out who are behind the 8 Ball. As the old saying goes "By The Grace Of God So Go I".

I was lucky to have a good job for so many years of my life.
Did Not make that much but was steady pay and bennies and retirement.

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