How Can I Ask to Pay in Installments?

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In a small claims case, a person who loses the case may ask the court if the payments ordered can be made in installments, over time.

DURING the court trial hearing,
you can ask the judge to allow you to make payments of a specific amount of money each week or each month.

If the judge agrees with you, the judgment will include the order allowing you to pay
in installments – with information about the amount of payments, the dates due, and where to payments are to be made – besides the total amount of the judgment.

AFTER the court hearing
, if you did not ask for time payments in court, you can take the following steps.

Step 1.
Get and fill out 2 court forms: 

  • Request to Pay Judgment in Installments (Form SC-220Opens new window
  • Financial Statement (Form WG-007/EJ-165) Opens new window

Make at least 2 copies of both forms – one to serve on the judgment creditor, and one copy for your own files.

Step 2.
File Opens new window the forms at court and pay the court’s filing fee.

The court clerk will mail a copy of your Request to Pay Judgment in Installments (Form SC-220) to the judgment creditor.

NOTE 1: The judgment creditor has 10 days to let the court know if he or she will accept your request to make your payments in installments.

NOTE 2: If the judgment creditor does NOT want to accept installment payments from you, the court may hold a special hearing for the judge to decide.

The court will mail each side a copy of its decision which will state whether or not it will allow you to pay over time. If it does allow you to pay in installments, it will state how much money is due, when it is due, where to pay, and how often you must pay.

If you miss a payment, the balance of money that you owe on the judgment will become due immediately. The judgment creditor may file a declaration Opens new window with the court stating that you did not make the payment, and then proceed to use all legal means to collect the judgment debt.



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