How Can I Ask to Pay the Court Instead of the Creditor?
Normally, in a small claims case the person who loses the case has to pay the person who won the case directly. However, there may be times when the judgment debtor does not want to deal with the creditor, or the debtor may not know where the creditor is located. If there is a good reason, the court may accept payment and then notify the judgment creditor.
To ask the court if you can pay it instead of the other party
Step 1. Get and fill out 1 court form:
- Request to Pay Judgment to Court (Form SC-145)
Make at least 2 copies of the form – one to serve on the judgment creditor, and one copy for your own files.
Step 2. File the form at court and pay the court’s filing fee.
- If you have already paid part of the judgment when you file this request, be sure to attach:
- a copy of both sides of the canceled check or money order, or
- a copy of the cash receipt, dated and signed by the creditor.
NOTE: In addition to the amount of money still owed on the judgment, you may have to pay:
- Costs the other party had to pay in this case (if awarded by the court);
- Any interest due on the judgment from the date the court entered the judgment.
- The court fee for using this service. (Call the court and ask how much this will cost.)
- Include a personal check, cashier’s check or money order for the amount owed made out to the court (not to the other party).
- If you pay by personal check, the court will not consider the judgment paid until 30 days have passed.
If the amount you are paying does NOT cover everything owed, the court clerk will check the “Full satisfaction of judgment NOT entered…” box at the bottom of page 1 of the Request to Pay Judgment to Court and write the reason the payment is not complete.
If the amount you are paying DOES cover everything owed, the court clerk will check the “Full satisfaction…” box at the bottom of page 1. A copy of this is your receipt that you have paid the judgment in full. Keep your copy in a safe place.
The court clerk will then mail a copy of the Request to Pay Judgment to Court (Form SC-145) to the judgment creditor. It will ask the creditor to come to the court and pick up the payment or sign the form and mail it back to court for the payment to be mailed to him or her.
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