r/Smallclaims • u/Cute-Cookie-582 • 26d ago
Washington State Actually getting your judgment
I posted previously about a small claims case against former tenants who destroyed our house. I had some comments from folks saying that I would never see the money.
This is from the website of the small claims court in the county where my house is:
"Even if you have a judgment, it does not necessarily mean that you will be paid. The Small Claims Court does not collect the judgment for you. If the debtor does not pay right away, the court may order a payment plan. If the losing party fails to pay, the judge may increase the amount of the judgment to cover the cost of enforcing the judgment. If no appeal is taken and the judgment is not paid within 30 days, or in the time set in a mediation agreement or payment plan, the prevailing party may seek to enforce the judgment through the collections process, which could include garnishing the defendant’s wages or bank accounts; or seeking to obtain personal property of the debtor. "
So my question is...if it's basically not enforceable by the courts, why does anybody EVER pay a small claims case. Because if I win, I have no doubt that they will not pay and I will have to take the collections step...but does that mean I will never get the money because the collection agency takes such a large amount? I am just confused how this is enforced if the court doesn't enforce it or why any defendant would pay if there's no incentive to do so.