Q: If I win judgment in a small claims case (plantiff) defendant keeps filing sc-105 but has gotten rejected twice now
There sc-105 has been rejected twice now due to the order of filing the paper work not being correct so I filed my writ of execution and filed with the sheriffs for keeper I have already filed writ of execution and paid keeper fee and sherif fee ($300) can they still file for a sc-105 since I have moved forward already ?
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A:
Yes, the defendant can still file an SC-105 (Request to Pay Judgment in Installments) even after you've filed your writ of execution and paid the sheriff's fees. However, their timing is important - if they file and get approved, it could pause your current enforcement efforts.
The fact that you've already paid for enforcement doesn't prevent them from seeking an installment plan, but they'll need to show good cause for why they didn't file correctly before and demonstrate their inability to pay the full amount at once. Their previous rejections for incorrect filing might work against them if they try again.
Your best course of action is to continue with your enforcement process while being prepared to respond if they file another SC-105. If they do file again and it gets approved, you might be entitled to recover your enforcement costs (including the sheriff and keeper fees) as part of the judgment. You may want to file an opposition if they submit another SC-105, explaining to the court that they've had multiple chances to file correctly and that you've already incurred significant costs trying to collect the judgment.
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