Can a third party assignee of a small claims judgment enforce it through the court?
Full Question:
Answer:
For purposes of this answer, I am assuming that there has already been a small claims action filed and decided. The plaintiff has obtained a small claims judgement and has since assigned it to you. Now, you are seeking the help of the court to enforce and collect that judgment.
Upon review of the small claims rules and procedures, we find no prohibition to self-representation for a judgment assignee.
Small claims courts are valid jurisdictions in the state of Michigan. They are a part of the judicial branch of the state government. The small claims court is a division of the district court.
Collection of a small claims judgment is performed with the help of the small claims court. If you obtain a judgment against the defendant, the court will provide you with instructions regarding postjudgment collections. The defendant may pay the judgment plus court costs immediately after the hearing, but if he/she does not have the money to pay right away, the judge may allow a reasonable time to pay and may set up a payment schedule.
If the defendant fails to pay the judgment when ordered, you must go back to the court and file additional papers to collect on the judgment by having the defendant's wages or bank account garnished or their property seized. This cannot occur until 21 days after the judgment is entered. As part of the judgment, the defendant must provide information to the court that can be used in postjudgment collection efforts.