Does interest accrue on small claims/housing court judgements?

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Does interest accrue on small claims/housing court judgements?

The money was never recovered despite a letter to the defendant’s attorney and a writ of execution served by the constable. I have not made any efforts to pursue this matter for 6 years because I have been in school working on my graduate degree. I recently found the paperwork and could use the money. What is the next step to recover the money owed?

Asked on August 22, 2011 Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are a judgment creditor owed monies on a judgment, under the laws of all states in this country, interest accrues on the unpaid judgment. Typical rate of accrued interest is 10% per annum.

If you have not had the judgment that you own satisfied, you need to start the levy process again with a new writ of execution being issued and a bank levy or wage garnishment commenced. One of the easiest ways to hopefully start getting paid is to write the judgment debtor and request voluntary monthly installments with a response to your letter by a set date.

If there is no response, then you will need to start the execution process all over. You need to be aware that judgments typically have to be renewed after a certain period of time and if not, they are no longer valid. In California, a judgment must be renewed before the passage of ten years.

Good luck.


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