Defendant's Assets

Examples of assets:

  • Wages (and you know where they work). 
  • Money in a bank account (and you know where they bank).
  • If the Defendant is a business, they likely have assets. 

One important determination in deciding if it is "worth it to sue in small claims court" is whether the person you are suing has money to pay you if you win your small claims lawsuit. 

If the Defendant does not have assets, then they may not pay you if you win.

Collections

We have found that some defendants that lose a small claims lawsuit do not proactively pay the amount owed. When this occurs, the person suing has to start the collection process. 

The collection process is a lot easier when you know what assets the Defendant has since you can directly seize those assets. Otherwise, you have to schedule another hearing (called an "Order of Examination") to learn about defendant's assets. 

It is important to note that if you win a small claims lawsuit, you will have 10 years (and renewable for another 10) to collect from the Defendant so even if they don't have assets today, they may have assets later.