Execution Against Property
You must wait 21 days after your small claims judgment was signed before you can get an execution against property.
- Use the Execution Against Property Form (MC19) to start the process.
- Complete the request and verification portion of the form and file it with the court. There is a $15 filing fee.
- The court will issue the writ (order) by signing the form, and it will be executed by a sheriff or court officer.
- Any property that is seized will be sold and the money given to you.
- The sheriff or court officer is entitled to fees which will be deducted from the sale of the property.
Notice of Judgment Lien
If the defendant owns any real estate, the plaintiff can also file a Notice of Judgment Lien (MC94) against the property. If this is done, the defendant could not sell the property until the judgment is paid.
There is a $10 certification fee that is paid to the court and then the Notice of Judgment Lien must be filed with the county clerk's office.