Beyond court order

[ducer]

What is the name of your state? Maine.
I need advice about taking the next legal step. Me, the plaintiff, and the defendant agreed to an installment plan during the mediation session required before the small claims hearing. I have an agreement signed by the judge. The judgement debtor has failed to make the first installment.
Do I file for contempt of court at this point? What legal measures should I persue at this time? It seems to me that a disclosure hearing is unnecessary because we have already agreed to a payment plan. Any advice is appreciated.

[seniorjudge]

Originally Posted by ducer

What is the name of your state? Maine.
I need advice about taking the next legal step. Me, the plaintiff, and the defendant agreed to an installment plan during the mediation session required before the small claims hearing. I have an agreement signed by the judge. The judgement debtor has failed to make the first installment.
Do I file for contempt of court at this point? What legal measures should I persue at this time? It seems to me that a disclosure hearing is unnecessary because we have already agreed to a payment plan. Any advice is appreciated.

File for contempt of court if the agreement allows for such.

[Chien]

If the agreement was signed by the judge, presumably it was articulated in open court and the judge made it the ruling in the case. Now there has been a default.

Check with the Court to determine if, under these circumstances, the Court will now enter judgment for the total amount agreed, in light of the default. That's the way a similar matter would be handled in a higher forum. It may require that you alone appear and affirm the fact of the default under oath. On the other hand, you may be able to submit a Declaration or Affidavit to that same effect.

The Court may also cite the defendant for contempt, but I'm inclined to doubt it, and a civil contempt citation is pretty "toothless", and it doesn't get you paid. Now you need an enforceable judgment.