How to Collect Your Court Judgment

In order to collect an award of costs and/or the amount of your court judgment, you need to first obtain a final judgment from a court. Additionally, you may need to wait for the debtor to have a chance to pay the judgment voluntarily. The court can only assist you in receiving your award through issuance and judicial enforcement of court orders.

Things You'll Need

• Certified copy of court judgment and fees
• Original and copies of a Writ of Execution Form (if applicable)
• Original and copies of a Writ of Attachment Form (if applicable)
• Original and copies of a Writ of Possession (if applicable)
• Original and copies of a Satisfaction of Judgment form
• Process server fees
• Court filing and writ issuance fees
• Cover letter and instructions to process server
• Cover letter to court
• Postage and return postage
• Envelopes

Instructions

Collect your court judgment

1. Get a final court judgment which should include your allowable court costs and, if applicable, attorney’s fees.

2. Go to the court and request a certified copy of your final court judgment which should include a specific amount for court costs and any attorney’s fees. You will need to submit forms for a Writ of Attachment, Writ of Garnishment and/or Writ of Possession.Serve the appropriate writ on the party who has possession of the judgment debtor’s property. For example, to levy upon a debtor’s bank account, have a copy of the Writ of Execution served on the manager of the bank where the debtor’s account is located. You should also send a copy of these forms to the judgment debtor.

3. File and record your judgment with the county recorder where the judgment debtor either has real or personal property. Once recorded, it becomes a general lien on property located in that county. If the judgment debtor has a house, for example, he can’t sell his real estate without having to pay the amount of the judgment to you.

4. Locate the judgment debtor’s property which you wish to levy against. This can include bank accounts, cash, real estate, business assets, securities and other property. In the case of businesses, your state may allow a sheriff or constable to actually take money from a judgment debtor’s cash register. This is called a “Till Tap.”

5. Opposition by the judgment debtor may occur if he files appropriate legal documents with the court. Types of exempt property include Social Security earnings or homestead exemptions.

6. Request an Order for Debtor’s Examination of the judgment debtor from the court and have it personally served on the debtor after paying the appropriate fees for service.Attending a court calendared hearing by the debtor will be required. You will be allowed to question the debtor about what assets he owns. Failure of the debtor to appear at the hearing can result in a contempt citation.

7. Complete a Satisfaction of Judgment form and file it with the court after you receive enough money or property to satisfy your claim. Send a copy of this form to the debtor.