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Clerk of Superior Court
Judgments
A judgment is a final determination by the Court resolving a given case
and is entered into public record. In civil matters, judgments are
generally in favor of one party and against another, and are usually for
a specified dollar amount.
The Clerk of Court files the judgment in the official court records
and places the judgment into the official Judgment Books, which are
available to the public. This record includes the losing person's
name, the amount and nature of the judgment, and whether the judgment has
been paid. Creditors use these records for credit checks.
Once judgments are granted, interest begins to accrue, and additional
court costs may occur. The judgment total is calculated by the Clerk's
Office. The Sheriff's Office is in charge of collecting the judgment and
distributing it to the plaintiff.
Legal
Effect of a Judgment
Judgments are valid for ten (10) years and are generally awarded for
a specific sum of money. Before the expiration of this ten (10) year
period, an action may be brought on the judgment which has the effect of
renewing the judgment for an additional ten (10) years. Judgments act as
a lien against any real property owned by the defendant, which means the
plaintiff has the legal right to sell that real property at any time and
a defendant must pay the judgment against him/her in its entirety prior
to selling that real property themselves. Additionally, judgments are
usually detected by credit reporting agencies and can severely impact an
individual's credit rating.
Legal
Effect of failure to Cancel a Judgment
If the defendant pays you for the judgment in full or in part, you
must come to the Clerk of Court’s Office/Civil Division and write this
payment on the official court record. (Or in lieu thereof, you may
submit a written notarized statement to the Clerk’s Office Civil
Division). This must be done within 60 days after payment is received by
you or the defendant can sue you to make you do this. In such
a suit, you may be required o pay the defendant for damages as well as
pay the defendant's attorney and court costs.
Judgment
Creditor/Debtor, Judgment Collection
The following is a summation of the process that is required for the
plaintiff or judgment creditor to pursue the execution of a judgment
awarded against a defendant or judgment debtor:
After the Small Claim or District Court case is heard and a judgment
is obtained, it is entered in the public record. The plaintiff (judgment
creditor) is required to wait 30 days before beginning the collection
process on a District Court judgment and 10 days on a Small Claim
judgment.
Right To Claim Exempt Property
(Filing Fees Apply)
After the waiting period has passed the plaintiff must serve on the
defendant a Notice of Rights to Have Exemptions Designated and Motion To
Claim Exempt Property. These forms
are available on line thru the link below or may be obtained in the Civil
Division of the Clerk of Superior Court's Office Civil Division and
thereafter brought to the Clerk of Superior Court’s Office for filing.
(Fees Apply) This information must be read
very carefully to ensure that all of the necessary steps are taken to
execute judgments.
For Judgments prior to January 1,
2006:
AOC-CV-406
– Notice of Rights to Have Exemptions Designated; and
AOC-CV-407
– Motion to Claim Exempt Property
For Judgment after January 1,
2006
AOC-CV-406
– Notice of Rights to Have Exemptions Designated; and
AOC-CV-415–
Motion to Claim Exempt Property
These forms must be officially
served either by certified mail or the Sheriff's Office.
When the defendant/debtor is an
individual: After
the defendant is served they have 20 days to return the document to the
Clerk of Superior Court's Office.
When the defendant/debtor is a company: The 20 days is waived and the
creditor may collect on the company immediately.
Determination Of Exempt Property
(Filing Fees Apply)
The Clerk thereafter determines which property is exempt and which
property can be collected and provides notice to the defendant and
plaintiff. When the plaintiff receives exempt property/judgment amount,
the execution process begins.
Writ of Execution (Fees Apply)
Thereafter the judgment creditor may make application to the Clerk of
Superior Court for the issuance of a Writ of Execution. These forms are available on
line thru the link below or may be obtained in the Civil Division of the
Clerk of Superior Court's Office Civil Division and thereafter brought to
the Clerk of Superior Court’s Office for filing. (Fees Apply)
AOC-CV-400
- Writ of Execution
The execution amount will cross
referenced with the amount granted by the judge.
This form must be officially
served by the Sheriff's Office.
Summary
Ejectment
The plaintiff must give the defendant
10 days to respond. If the defendant has not responded by the 11th day a
Writ of Possession of Real Property can be issued and served on the
defendant by the sheriff. These
forms are available on line thru the link below or may be obtained in the
Small Claims Division of the Clerk of Superior Court's Office. After this
form is filled out, you must bring it to the Small Claims Division in the
Clerk’s office for endorsement. The form must thereafter be taken to the
Sheriff’s Office for service. (See SERVICE BY THE SHERIFF’S OFFICE above.)and thereafter brought to the
Clerk of Superior Court’s Office for filing. (Fees Apply)
AOC-CV-401
- Writ of Possession of Real Property
This form must be officially
served by the Sheriff's Office.
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