If the case goes to trial the case will be handled in an informal manner, with the judge guiding the process. Both sides will have the opportunity to present their side of the case, present their evidence, and question witnesses in front of the judge. It is important to remember that during this process you should try and remain calm and collected, and use evidence to support your case and not emotion. Emotional outbursts will only hurt your case and may give your opponent an edge. Remember the judge will rule only on the law and not on feelings.

Once the case has been heard the judge will make a ruling either for the plaintiff or for the defendant. If the judge rules in favor of the defendant than the plaintiff is not entitled to recover the money or property that they were suing for. If they wish to appeal the judge’s decision then they can file for an appeal by filling out a Civil Appeal Notice. If this option is selected then the case will be formally heard before a regular circuit court. At the appeals level an attorney will probably be necessary.

If the judge rules in favor of the plaintiff then the amount of money or property won will depend on the plaintiff’s ability to prove that they are due the money or property, and they their ability to prove that the amount that they are demanding is appropriate. If the judge feels that the amount of restitution is overvalued, then they may rule that a smaller amount be paid to the plaintiff. The defendant can appeal the decision in the same manner as is available for the plaintiff.

After the judgement has been entered the process of enforcing the judgement begins. The plaintiff, now known as the judgement creditor, may ask the general district court clerk for assistance in getting their money or property. They may fill out a Summons to Answer Interrogatories, which is used to get contact information and asset information about the defendant, now known as the judgement debtor. The judgement creditor may also use an Abstract of Judgement to place a lien on the debtor’s real estate, or a Writ of Fieri Facias to have the debtor’s personal property be sold at auction to generate the restitution amount, or they can obtain a Garnishment Summons to garnish the debtor’s bank accounts and wages in order to recover the money owed to them.