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Can I ask the judge to enforce judgement with time limit on payment?

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Esther Williams

Junior Member
What is the name of your state? South Carolina

After a small claims suit is won can I ask the judge to stipulate a time frame for payment? If this does not occur I have every reason to believe that the party will ignore it. Will I be stuck going back to court to grab assets?

Can I ask the judge to limit the time of repayment to X date, and then after X date I have the right to enter their property and take X, Y, & Z in order to auction them off for payment?

Is there a way to settle this thing within this court session by stipulating what, when, and how I will get my recompense?

Thank you.
 


dcatz

Senior Member
You will already have what I think you're asking about.

Assuming that you prevail, execution (the righ and power to enforce) will be "stayed" (suspended) for a period of time to permit an appeal to be filed (figure something like 30 days). After that, if you haven't been paid, you're free to exercise all legally available means of enforcement.

You're not going to get a stay that's shorter than the permitted appeals period.
 

Esther Williams

Junior Member
Okay dcatz, thanks.

If an appeal is filed is it something that will the court decide if it is valid or invalid prior to re-involving me in another hearing? Or will I have to take time to be present and present all of my 'stuff' again?

Thank you.
 

dcatz

Senior Member
OP - many questions that you pose have been asked and answered a number of times and using the "search" function on the forum may clear up much for you.

An appeal results in a trial de novo - a new trial. It's conducted before a new judge but, in other respects, is like the first trial. So you would want to be there and re-prove your case.

But if you haven't had the first trial, all of this may be a bit premature.
 

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