There are numerous steps that can be taken to enforce a judgment such as a bank garnishment, a continuing garnishment of wages, interrogatories, writ of fieri facias and levy.

If the defendant fails to file an answer within forty-five (45) days of service, the plaintiff can request a default judgment. If the claim is for liquidated damages and proper documentation is submitted to the court which proves the claim, a default judgment may be issued. If the claim is for unliquidated damages, the case will be scheduled for a default hearing.

After all parties have presented their case in Court, the Judge will usually decide the case and make an announcement of the decision from the bench. If the decision cannot be immediately made, the Judge will hold the case under advisement and when the decision is made, a copy of the decision will be mailed to the parties by the Court.

Yes. There is a different type of subpoena for documents known as a “subpoena duces tecum”. The subpoena should be served on the custodian of the documents being subpoenaed. You can obtain the subpoena from the Magistrate Court.Please see the list of filing fees for the fee for this service.

You can compel a witness to appear in court by serving a subpoena on them. You can obtain a subpoena from the Magistrate Court. You must have the witness’ name and address for service. The subpoena will be served to the witness by you or you can pay the Sheriff’s Department to serve it.

No. A witness who has direct knowledge of the facts to which they testify must present all testimony in person. If the witness is not physically present in court, under oath, and subject to cross examination, their statements may not be presented to the Court.

You should bring all persons who have direct knowledge of the facts relate to your case and any documents, photographs, repair bills, receipts, or other physical evidence which you feel would help prove your case.

No. The plaintiff pays court costs when the case is filed. However, the defendant may be ordered to pay these costs to the plaintiff if the plaintiff wins their case.

When filing your answer with the Court, you can file a counterclaim. A counterclaim is essentially a Statement of Claim filed by the defendant against the plaintiff. If the counterclaim exceeds the jurisdictional limits of the Magistrate Court, the case will be transferred to a court that has proper jurisdiction. Usually the entire case will be transferred. However, there may be some cases where the plaintiff’s claim will remain in the Magistrate Court and the defendant’s counterclaim will be transferred separately.

After the defendant has filed an answer, the Court will schedule the case for a hearing and notify all parties by regular U.S. Mail.