How Are Judgements Enforced?

Creditors enforce court judgments through garnishments, levies and liens.

Creditors must file a lawsuit in order to obtain a judgment. Judgments are beneficial to creditors since, in most states, they grant the creditor a wider range of collection options than those available without the benefit of a judge's decree.

Features

Judgments are often enforced through involuntary collection. Involuntary collection refers to any collection method forced upon the debtor. Judgments often give creditors the right to freeze and seize bank accounts, garnish wages or record liens against a debtor's personal property or real estate.

Time Frame

Each state grants judgment creditors a limited amount of time to enforce their judgments before the judgment becomes obsolete. Creditors can still legally collect debts once a judgment expires, but they cannot use involuntary measures to do so. The time frame for enforcement varies by state.

Considerations

In some cases, a creditor cannot enforce a judgment at all. If a debtor has no job, owns no property or lives on funds that are exempt from garnishment, such as Social Security, he is considered "judgment proof" and cannot be forced to pay the amount he owes. Should his circumstances change prior to the judgment expiring, however, the creditor may pursue the debt voluntarily.

References

• Santa Clara University: Enforcement of Judgment
• California Judicial Recovery Specialists: Is There a Statute of Limitations on My Judgment?
• Lawyers: What It Means to Be Judgment Proof

Resources

• Bankrate: Debt, Collection Agencies and Your Rights
• U.S. Department of Labor: Wage Garnishment Laws
• NEDAP: The Basics of Defending Creditor Lawsuits