How to Bring a Motion for Contempt in Small Claims Court
If you have won your small claims case, you may have already had trouble trying to collect your judgment. If the person who owes you refuses to pay, you can bring him or her back to court in an attempt to force payment. This may be or may lead to a motion for contempt. A successful motion may result in further fines or other punishments as dictated by the court.
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Instructions
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Prepare to Bring a Motion for Contempt
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Visit the Federal Trade Commission's Web site to review their policies on fair debt collection before you bring the motion for contempt (see Resources below). While this is geared towards consumers, you should follow these same guidelines when attempting to collect on your judgment.
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Read through Nolo's advice for collecting on a debt (see Resources below). You will be able to better sort through your options after reading these helpful articles.
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Consider a settlement. You may end up paying more to collect on a small claims judgment than it is really worth. Attempt a settlement, which will save you time and money.
Bring a Motion for Contempt in Small Claims Court
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Speak to the clerk of the court where your judgment was awarded to explain how the motion of contempt could be used in your state. Usually a debtor must show up in court to disclose all his or her assets. At that time, the judge can issue an order for wage garnishment or other payment. This can differ according by jurisdiction.
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Fill out a Motion for Contempt packet. You will need to know the other party's legal name, his or her current address and information regarding the original judgment. If you do not have a copy of the court order, you should obtain a copy from the court clerk.
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File the paperwork with the court. Usually, you must have the motion notarized before you can file it. There will likely be a section on the form for the notary public to sign.
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Appear at the hearing for the motion. If you fail to show up at the hearing, you may give up the motion. If the defendant fails to appear, the judge can issue fines or jail time.
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Tips & Warnings
When you file a motion for contempt, the packet will usually have three forms: Appearance form with information on the original court order, the Motion for Contempt and an Order to Appear (or summons).
If the debtor does not have a job or any real assets, the judge may not be able to do much in a motion for contempt hearing. You will most likely need to file another motion down the line to have the debtor disclose new assets.
