Vermont Financial Disclosure Hearing for Small Claims Judgments

When You Don't Know What the Debtor Owns

You won your Vermont small claims case, the 30-day period has expired, and nobody's paid. No appeal or timely post-judgment motion is keeping the Rule 62 stay in effect. The problem: you don't know the debtor's employer, their bank, or whether they own real property. Without an asset target, you can't file for wage garnishment or a bank levy.

The financial disclosure hearing exists to solve this. Under V.R.S.C.P. Rule 7, you can ask the court to compel the debtor to appear and testify under oath about their income, bank accounts, real estate, and personal property.

Rule 7 requires the judgment to have been personally served on the debtor or an acceptance of service to have been filed. A lump-sum judgment must remain unpaid for 30 days after service; an installment must be at least 30 days overdue. If a court previously found the debtor unable to pay a lump-sum judgment, another motion generally must wait until one year after that finding unless the creditor shows good cause, such as a material change in financial circumstances.

Filing the Motion (Form 100-00279)

File a Motion for a Financial Disclosure Hearing — Small Claims (Form 100-00279) with the Civil Division clerk, along with a Certificate of Service (Form 100-00260). The filing fee is $65 — or file an Application to Waive Filing Fees and Service Costs (Form 600-00228) if you qualify.

On the same day you submit the motion, serve a copy on the debtor by first-class mail, email, or hand delivery.

How the Court Schedules the Hearing

What happens next depends on the debtor's address on file:

Address less than one year old: The court clerk mails the hearing notice directly to the debtor, along with a blank Financial Disclosure affidavit (Form 100-00127) and a List of Exemptions (Form 100-00511).

Address more than one year old: You receive the hearing documents from the clerk and arrange personal service through a county sheriff or constable. Service must be completed at least 14 days before the hearing.

The debtor must complete Form 100-00127 under oath and bring it to the hearing. If the court allows remote participation, the debtor sends copies to both the court and you at least three days beforehand.

What Happens at the Hearing

The judge reviews the debtor's income, expenses, and exemptions. If the judge finds the debtor has the present ability to pay and has not shown a right to an exemption, the court enters a payment order — either lump-sum or installments.

If the debtor does not accept service of a payment order after the hearing, have a sheriff or constable serve the order. Before filing a later Rule 8 contempt motion, mail a copy to the debtor by first-class mail and file the service return and applicable Certificate of Service with the clerk.

If the judge determines the debtor cannot pay — income fully exempt, no attachable assets — no payment order is entered. For a lump-sum judgment, another motion generally must wait until one year after that inability finding unless the creditor shows good cause, such as a material change in the debtor's finances. Rule 7 also bars filing a motion more often than once every three months. An installment can support a motion once it is at least 30 days overdue, subject to that filing-frequency limit.

If the Debtor Doesn't Show Up

If the debtor fails to appear or fully disclose at the initial hearing and the judge cannot determine what the debtor can afford, the judge may continue the hearing; if the judgment was an installment order, the judge may order the full amount paid at once. Rule 8 contempt is available when the debtor fails to comply with a payment order from a financial disclosure hearing. The creditor files a written motion, and the court sets a hearing and issues a Judicial Summons. Within seven days, send the summons, List of Exemptions, and financial disclosure affidavit to a sheriff or other authorized person for personal service at your expense. File the Return of Service before or at the start of the hearing.

If the debtor fails to appear at the contempt hearing after personal service, Rule 8 limits the penalties to authorizing you to obtain a credit report or adding a financial penalty to the judgment, plus the filing and service fees for the motion. If the debtor appears, the court proceeds with a financial disclosure hearing and makes written findings about any further payment order or contempt.

What to Do With the Information

Once you know what the debtor has, you pick the right enforcement tool:

• Employed → wage garnishment
• Known bank account → bank levy
• Real property → judgment lien

The Vermont judgment collection guide maps each asset type to the correct enforcement tool, with every form and fee laid out.

See more Vermont guides →