How to Collect a Money Judgment

Obtaining your money judgment may take time.

A person undergoing civil proceedings against someone else can have the judgment fall in her favor to receive a money judgment. The person gaining the money judgment becomes the creditor, with the person losing the civil case becoming the debtor. The debtor receives a Notice of Judgment regarding the proceedings and monetary amount owed to the creditor and has 30 days to comply with the judgment. If the creditor does not receive any money voluntarily from the debtor, the creditor can take other steps in collecting the money judgment.

Instructions

1. Contact the debtor after winning the judgment. Craft a letter that outlines the information the debtor obtained in the Notice of Judgment. Write in a clear and concise manner regarding the debtor's obligation to make payments. Express that you would be willing to meet personally to receive your money judgment or make arrangements if the debtor requests some type of payment program. Have an attorney present to draft the paperwork necessary for payment arrangements.

2. Request the county sheriff to seize personal property near to the amount of the money judgment. Ask for an information subpoena from the city court to determine all assets and wage information belonging to the debtor. Pay a filing fee for the information subpoena and send it certified mail to the debtor or organization, such as the debtor's bank or place of employment, regarding the debtor's financial status. File a transcript of judgment with the county clerk and provide instructions to the sheriff regarding the property or assets to be seized.

3. File for a wage garnishment to take part of the debtor's earnings from every paycheck. Contact the sheriff's civil department to apply for the judgment. Request the information subpoena and the transcript of judgment along with paying the necessary fees. Give the sheriff the necessary information regarding the debtor's employer, wages and employer's address.

Tips & Warnings

• Consider hiring a collection agency to collect on the judgment. The collection agency will be able to put in the necessary time and resources to having the debtor pay what is owed to you. The collection agency will charge for its services, taking a percentage out of any money that it obtained from the debtor.

• Although you may win a money judgment, the debtor can file an appeal against the judgment that prevents you from collecting any money. The debtor may also file for bankruptcy where you would not be able to seize assets or place a lien on property to collect on the judgment.

References

• New York State Unified Court System: How Do I Collect on a Judgment?
• Maricopa County Justice Court: Collecting a Money Judgment