Small claims stipulation question

[sbeckoff]

What is the name of your state (only U.S. law)? RI

Hi, so I have a "stipulation" form that was signed by myself, the defendant, and the court judge. The stipulation says that the defendant will be mailing me a check every month for 6 months for a total of $650. He paid the first month but has not paid the second or third, and is unresponsive to my phone calls, voicemails, and emails. What should I do? What would happen if I went back to court? Thank you for your help!

 

[dcatz]

You do go back to court or you at least do a filing with the court. I don’t know what it would be called in your state but something like “Declaration/Affidavit of Default and Request for Judgment”. Ask the court clerk if there is a form or if you could see a similar filing that has already been done.

You’ll be telling the court that the judgment debtor defaulted on his promise after a single payment and that you want judgment entered as originally ordered less credit for the single $650 payment. Then, you enforce the judgment.

If you’ve had foresight, you’ve kept track of the debtor, you know where he lives and where he works. If the $650 was paid by personal check, you made a copy so you also know a bank account.

 

[sbeckoff]

How do I "enforce the judgement"?

I do have his check, but what if he doesn't have any other money in that account? Will he be fined by the court?

 

[dcatz]

OP – the best, most effective and cost-efficient enforcement methods are debtor-specific and we know nothing about the debtor.

Moreover, with no offense intended, your questions are very basic and therefore too broad. They have been asked and answered many, many times before in more specific contexts. Use the “search” function at the top of the page. And no, no fine.

Alternatively, or as productively, try your court’s web site for a self-help center or try Nolo Press for a self-help book on collections.
http://www.nolo.com