Rule Text
The court may order that the amount of a small claim judgment shall be paid to the prevailing party on a certain date or in specified installments, and may stay the enforcement of the judgment and other supplementary process during compliance with such order. The stay may be modified or vacated by the court, but the installment payments of small claims judgments shall not extend over a period in excess of three years’ duration.
Amendment history: Amended effective January 21, 1969; amended May 28, 1982, effective July 1, 1982.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you lose a small claims case and owe money, the judge can set up a payment plan instead of requiring you to pay everything at once. The court can also put a temporary hold on collection efforts while you are making your payments on time.
The payment plan cannot last longer than three years. If you stop following the payment schedule, the court can lift the hold and allow the other party to start collecting what you owe.
Committee Notes
(Revised October 1969) As adopted effective January 1, 1967, this rule was paragraph H of former Rule 9-1, effective January 1, 1964, without change. The provision in the last sentence that installment payments shall not extend over a period of more than three years was added by amendment January 21, 1969, in view of the provision in the Supreme Court recordkeeping order that small claims files are to be destroyed three years after the date of judgment, unless otherwise ordered by the trial court.