INFORMATION FOR COLLECTING ON A JUDGMENT
If a plaintiff receives a judgment, he may get in contact with the defendant to see if the judgment can be paid voluntarily.
If the defendant is not willing to pay voluntarily, the plaintiff may download a request for an execution to be issued against assets of the defendant.
If the defendant is a business it is possible to attach a cash box, cash register, bank account or an automobile. To attach the bank account, it is necessary to have the name of the bank and the branch. It will not be necessary to have an account number. To attach an automobile it is necessary to have a description, location, and plate number. The automobile must be registered under the business name. Before requesting an execution to attach an automobile it is advisable to contact the Washoe County Sheriff’s Department regarding additional fees for towing.
If the defendant is an individual it is possible to attach wages, bank account, or automobile. To attach an individual’s bank account or automobile, the same information named in instruction #3 would be necessary. The automobile must be registered under the defendant’s name.
After getting a judgment against a defendant, there is also the option to put a lien on property. After having a lien issued by the Court it must be recorded by the County recorder. The fee for the issuance is $6.00 at the Court and there will be a recording fee at the Recorder’s Office also. The title searchers pick up a lien if the defendant is trying to buy or sell property in the county where the lien is recorded. If a title searcher picks it up, the defendant must satisfy the judgment before any purchase or sale can be made. The fees paid for a lien will be added into the judgment amount.
When a plaintiff requests an execution at the court, he/she will be charged a $25.00 issuance fee. To have the execution served, it will cost approximately $26.00. In addition, a $5.00 Notary Fee must be submitted with the Execution to be served by the Constable or Sheriff (check, cashier's check, or money order payable to the stated Garnishee). A Constable or a Sheriff must do the service. All the fees paid for an execution will be added into the judgment amount. The fee will be more if attaching an automobile.
To find out the details on what happens on an execution once it has been taken to be served by the Constable or Sheriff, the plaintiff must check with their office.
In a Default Judgment situation, the defendant has up to 6 months from the court date to file with the Court a Motion to Set Aside Default Judgment. If the motion is granted by the judge the plaintiff would be notified by mail, at the address given to the Court, of the new Court date. However, this does not mean the plaintiff cannot be attempting to collect on the judgment as soon as the judgment is rendered until the Motion is granted. At this point all action is stayed pending the outcome of the new hearing.
For more detailed information, please see this article on Collecting a Small Claims Judgment.