Vt. R. Small. Claims. P. 9

As amended through May 6, 2024

Rule 9 - [Effective 7/1/2024] Other Enforcement of Judgments

(a)Trustee process. If a judgment is not paid within the 30-day period provided in Rule 10(a)(1) and no appeal is pending, the judgment creditor may seek trustee process against earnings or other property subject to trustee process under the procedure prescribed in Rule 4.2 of the Vermont Rules of Civil Procedure. The judgment creditor must pay the required fee for filing a motion, as specified in a current schedule published by the Court Administrator.

(b)Writ of execution.

(1) If a judgment is not paid within the 30-day period provided in Rule 10(a)(1) and no appeal is pending, the judgment creditor may obtain a writ of execution by filing a written request accompanied by a writ of execution on a form obtained from the Judiciary website or at the clerk's office, on which the judgment creditor has included required information concerning the parties and the amount of the judgment recovered and any amount paid by the judgment debtor. The judgment creditor must pay the required fee for obtaining a writ of execution, as specified in a current schedule published by the Court Administrator.

(2) If appropriate, the clerk will provide the signed writ of execution to the judgment creditor. The judgment creditor must have the writ of execution served by a sheriff or other person authorized to serve process on the judgment debtor at the judgment creditor's expense. The judgment creditor must deliver to the officer or other person levying execution the list of exemptions appearing in the form approved by the Court Administrator and available on the Judiciary website or at the clerk's office. The officer or other person will serve the list on the judgment debtor with a copy of the writ of execution. The return of service must be filed with the court clerk by the judgment creditor.

(c)Judgment lien. If a judgment is not paid within the 30-day period provided in Rule 10(a)(1) and no appeal is pending, the judgment creditor may obtain a certified copy ofthe judgment from the court clerk and file it for recording with the town or city clerk of a municipality where the judgment debtor owns real estate. If the judgment creditor is requesting that the certified copy be sent by mail, the judgment creditor must provide the clerk with a self-addressed envelope with sufficient postage for mailing the certified copy.

Vt. R. Small. Claims. P. 9

Adopted Mar. 6, 2002, eff. 9/1/2002; amended on an emergency basis Jan. 11 and Mar. 7, 2016, eff. 4/15/2016; amended Feb. 10, 2020, eff. 4/13/2020; amended April 1, 2024 eff. 7/1/2024.

Reporter's Notes-2024 Amendment

Rule 9(b)(2) is revised to update its reference to the location of the list of exemptions that formerly appeared as Form 34 of the Vermont Rules of Civil Procedure. See Reporter's Notes-2022 Amendment, V.R.C.P. 84 (abrogating the Appendix of Forms). The list of exemptions now appears as a form approved by the Court Administrator and is available on the Judiciary website.

Reporter's Notes--Second 2016 Amendment

Rule 9(b) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on January 11, effective April 15, 2016, is further amended to eliminate and clarify requirements of the January 11, 2016 amendments that were unnecessary and imposed burdens of time and expense on the clerks' offices. See simultaneous amendments to V.R.S.C.P. 3(d) and (g), 7(a), and 8(b).

The requirement that it be "appropriate" to provide the writ is added to assure that the creditor is entitled to the writ.

Reporter's Notes-2020 Amendment

Rule 9(a), (b)(1), and (c) are amended to incorporate the appropriate 30-day period provided in Rule 10(a)(1) as simultaneously amended. If the defendant has appeared, enforcement proceedings may be undertaken within 30 days from the entry of judgment. If the judgment is a default judgment, the date is 30 days from the date of service on the defendant. The latter provision is intended to conform to the simultaneous amendment of Rule 3(f), requiring service of a default judgment on the defendant before enforcement proceedings are commenced. See Reporter's Notes to that amendment.