Small Claims Collection Procedures
The judgment that has been granted in your favor only legally determines that money is owed. Listed below are procedures that you could use to collect a judgment.
Financial Disclosure Statement
Fifteen days after judgment is granted, you should receive a completed financial disclosure statement from the defendant. The information on the FDS is needed to secure an execution against property and to start a garnishment action. If you do not receive the FDS from the defendant, then a request for a Contempt Hearing can be submitted. You will need to complete a Petition and Order for Hearing on Contempt and personal service on the defendant is required.
Docketing a Judgment
Cost $5 (no form fee - conformed copy of judgment fee $1.25) After judgment is granted, docket the judgment in Circuit Court. Docketing a judgment places a lien against property and credit reporting organizations can pickup this information.
Execution Against Property
After the judgment is docketed, then submit a request for the Small Claims Clerk to issue an execution against property. You are required to sign the execution and you need to bring it to the Sheriff’s Department for service on the defendant. The Sheriff’s Department will advise you of their fees.
Cost $92.50 for $5,000.00 and under, $210.50 for over $5,000
An Earnings Garnishment Notice needs to be completed and filed in Circuit Court; then you may purchase a Small Claims Garnishment Package. This can be against the defendant’s wages (Earnings Garnishment) or against money in a bank account (Non-Earnings Garnishment).
Transcript of Judgment
If you have docketed the judgment and the defendant lives in another county, then submit a request for the Small Claims Clerk to issue a transcript of judgment. This needs to be filed in the county where the defendant resides. The judgment will then be picked up by credit reporting agencies and a lien is placed upon all real estate owned by the defendant in that county.
Exemplified / Authentication of Judgment
If you have docketed the judgment and the defendant is employed or lives in another state, then submit a request for the Small Claims Clerk to issue an exemplified judgment. This needs to be filed in the state that the defendant works or resides.
Certificate of Judgment for Motor Vehicle Department
If your judgment is from a motor vehicle accident, is for more than $500, is 75 days from the date judgment was granted and you have docketed it, then submit a request for the Small Claims Clerk to issue a Certificate of Judgment to the Department of Transportation. The defendant’s car registration and drivers license will be suspended until the judgment is paid. The following information is required on your written request: The defendant’s complete name, current address (use last known address if current address is not available), date of birth, drivers license number, and the date of accident.
Satisfaction of Judgment
Cost $5 - paid by Debtor (form fee $0.25) The creditor is required to provide the debtor with a completed, signed and notarized Satisfaction of Judgment form. If the creditor fails to send the debtor a completed and notarized satisfaction form, then a civil suit may be brought against the creditor. The Clerk’s Office cannot give any legal advice.
Forms are available at:
Kenosha County Court House
Circuit Court Office Room 204
912 56th Street
Kenosha, WI 53140-3747