After you win: collecting your judgment
The court hands you a judgment, not a cheque. Here is how to turn that piece of paper into money.
Around half of small claims judgments go partly uncollected, almost always because the winner did not know the enforcement tools existed. You have more leverage than you think.
Step 1 - Ask for voluntary payment
Send a copy of the judgment with a short letter and a deadline. Some debtors pay once it is official. Offer a payment plan if that gets you paid faster.
Step 2 - Find their income and assets
If they do not pay, request a debtor examination. Under oath, the debtor must disclose their employer, bank, and assets. This roadmap tells you which enforcement tool will work.
Step 3 - Garnish wages
With an employer's name you can apply to garnish a portion of the debtor's wages. Payments come to you through the court until the debt is cleared. This is the most reliable tool against employed debtors.
Step 4 - Garnish a bank account
With bank and branch details you can garnish funds in the account at the moment the order is served. Timing matters, so serve it when funds are likely present, such as just after payday.
Step 5 - Seize assets or register a lien
A court officer can seize and sell non-exempt assets. Against property owners, registering the judgment as a lien means you are paid when they sell or refinance.
Step 6 - Renew if needed
If the debtor has nothing now, keep the judgment alive. They may inherit, get a job, or buy property later. A renewed judgment lets you collect when their fortunes change.
Frequently asked questions
Does the court collect my money for me?
No. The court issues the judgment, but collecting it is up to you. You must use enforcement tools such as garnishment or seizure if the debtor will not pay voluntarily.
What is wage garnishment?
A court order requiring the debtor's employer to send part of their pay to you until the judgment is satisfied. It is one of the most effective tools against employed debtors.
Can I seize money from a debtor's bank account?
Often yes. A garnishment of a bank account can capture funds held there at the time it is served. You usually need the bank and branch details.
What is a debtor examination?
A court process where the debtor must answer, under oath, questions about their income, assets and bank accounts. It tells you what is worth pursuing and where.
How long is a judgment valid?
Many years, often 6 to 20 depending on jurisdiction, and it can usually be renewed. A debtor who is broke today may be collectable later, so a judgment is rarely a dead end.