Civil Information

Civil Fees

Civil Complaints	$150.00
** Each Additional Defendant	$15.00
Forcible Entry & Detainer	$150.00
BMV Complaints	$150.00
Trusteeship	$100.00
Amended Complaints	$35.00
Bench Warrants	$25.00
** All service fees will be billed separately to Requestor
Certificate of Judgment	$20.00
Counterclaim	$150.00
** Cost for Each Additional Defendant	$15.00
Debtors Exam	$50.00
Judgment Creditor Questionnaire	$30.00
Jury Trial	$450.00
** Due At Filing	$100.00
** Due Two Weeks Before Trial	$350.00
Wage Garnishments	$95.00
Non-Wage Garnishments	$75.00
** + $1.00 Check Made Payable To The Financial Institution
Revive Judgment	$35.00
Subpoena Per Name	$15.00
Third Party Complaint	$150.00
Transfer Judgment From Another Court	$150.00
Vacate Judgment	$25.00
Writ of Restitution, Execution or Replevin	$70.00
Appeals (Court Of Appeals Fee)	$150.00
** Municipal Court Fee	$35.00
Audio Transcript Per Compact Disc	$10.00
Bailiff Fees For Service	$1.00 First Mile
	$0.55 Per Each Additional Mile
Certified Copies Per Page	$2.00
Credit News Or Legal Report Per Month (Paper or Disc)	$10.00
Driving Privilege Card	$20.00
Fax	$2.00
** Additional Pages	$1.00
Juror Fee Per Day	$15.00
Returned Check Fee	$35.00

Service
Certified Mail Per Person	$15.00
Registered/Restricted Mail Per Person	$18.00
IN WILLIAMS COUNTY
Personal	$35.00
Residential	$25.00
OUTSIDE WILLIAMS COUNTY
Personal	$75.00
Residential	$60.00
(Any Additional Fees To Be Billed To Party Requesting Service
Witness Fee Per Day	$12.00
Mileage $0.505 Per Mile

Collection After Judgment

Terms

• Judgment - Court order awarding one party money or property to be paid or delivered by the adverse party to a lawsuit.
• Judgment Creditor - Person trying to collect money from someone else.
• Judgment Debtor - Person who owes you the money.

How Do I Get My Money?

You must take action to obtain payment of your judgment. The Court will not get your money for you – enforce your judgment – unless YOU take the required steps.

There are several ways to collect a judgment. The best way is voluntary payment by the judgment debtor. If after thirty days no payment has been received, you may want to consider one of the methods discussed below.

Garnishments

If the judgment debtor will not pay voluntarily, the usual methods of obtaining payment is garnishment. In garnishment the Court orders the judgment debtor’s bank or employer to satisfy the judgment by paying the judgment debtor’s bank account or earnings to the Court. There are limitations on how much the bank or the employer can pay the Court. First, the amount cannot exceed the judgment. Second, a bank can pay only the money in the account. Third, in general, the employer cannot pay more than 25% of the judgment debtor’s net earnings and an employer can garnish a judgment debtor’s earnings weekly.

How To Start Garnishment Proceedings

Personal Earnings

Fill out the form “Notice of Court Action to Collect Debt” which you can obtain from the Clerks Office. Keep a copy for your file. Send the original notice to the judgment debtor by certified mail, return receipt requested, or send the notice by U.S. ordinary mail with a certificate of mailing which you can obtain from the post office. You must wait at least fifteen days after mailing the notice and no more than forty-five days before filing the garnishment with the Court.

If the judgment debtor has not paid you using the calculations at the bottom of the notice you may go to the Clerks Office to file the wage garnishment. You will need the following items:

1. Envelope (if returned “unclaimed” by the post office) or the certified mail receipt (green card) or the certificate of mailing stamped by the post office.
2. Your copy of the notice.
3. Name and address of the place of employment for the debtor.
4. Case Number
5. Filing Fee

A wage garnishment cannot usually pay more than 25% of the net earnings per pay period. A garnishment is good for 182 days if it is the first garnishment that is received by the defendant’s employer. Otherwise, it will be acted upon by the employer as soon as the prior garnishment has been satisfied or in effect for 182 days.

Non-Wage Garnishment (Bank Attachment)

You may go to the Clerks Office to fill out the “Affidavit, Order and Notice of Garnishment of Property Other Than Personal Earnings and Answer of Garnishee.” You will need the following information:

1. Case Number
2. Judgment date and total amount due (include judgment amount, interest and court costs paid to date)
3. Name and address of banking institution or business holding money belonging to the judgment debtor.
4. Filing Fee
5. $1.00 fee for financial institution. If you are paying with a check, this check needs to be made out directly to the institution.

Attachments

Another method of obtaining payment is attachment which is called a Writ of Execution. Under attachment the Court orders some of the judgment debtor’s personal property (for example, automobile, television or stereo) seized and sold to pay the judgment. Attachments are more complicated and time consuming than garnishment.

You may go to the Clerks Office with the following written information:

1. Case Number
2. Judgment date and total amount due (include judgment amount, interest and court costs paid to date)
3. List of specific items to be attached including year, make, model and serial number. You may obtain this information from the County Title Department.
4. Filing Fee

The law allows judgment debtors to keep certain items or assets so that judgment debtors have the basics with which to support themselves. Creditors cannot take these exemptions or assets.

How Do I Know What Property To Garnish Or Attach?

The easiest way to find out what property the judgment debtor owns is to have the Court order the judgment debtor to answer a standard questionnaire about his/her property and finances.

Wait thirty days after you obtain your judgment. If no arrangements have been made with the judgment debtor for payment, you may go to the Clerks Office with a written request for the debtor to complete a written debtor’s exam. Please refer to the above court cost information to determine the filing fee. The Court will then order the debtor to fill out a form listing his/her assets, liabilities and earnings. He/she has one week after receiving the questionnaire to complete it and return it to the court. If the debtor fails to do so, he/she may be found in contempt of court and fined or jailed or both.

With this form completed you should have enough information to take action to enforce your judgment by way of wage garnishment, non-wage garnishment with a banking institution or property attachment.

Are You The Person Who Is Being Garnished?

If you are the judgment debtor and have received notice that your wages are being garnished, your bank account has been attached or personal property attached, you will also receive a document from either the Court or your employer. You may use this form if you contest the garnishment and request a hearing. You must request a hearing within five business days from the date upon which you receive notice of garnishment, bank attachment and/or writ of execution.

The request for hearing must be completed and brought to the Clerks Office. A hearing will then be scheduled. If funds are withheld from your check or bank account or if any of your property has been seized, the Court will hold the money or the items until after the hearing and decision of the judge.

At the hearing you will need to bring with you any records of payment on the judgment, any records or documents to support your claim that your property is exempt or not subject to garnishment and/or attachment. You may also want to contact your attorney to get advice on this matter. THIS IS NOT A TIME TO DISPUTE THE JUDGMENT PREVIOUSLY RENDERED.

Judgment Lien

You may obtain a judgment lien on any real estate the judgment debtor may own or acquire. Please consult your attorney in regards to this matter.

You will need both patience and persistence if it is necessary to take court action to collect your judgment

Please remember that the Clerk and deputy clerks of the court are not attorneys and cannot give you legal advice or instruct you on how to properly file or present your case in court.