How to Collect on Criminal Judgments

When a party to a case succeeds in proving their case, judgment is entered against the opposing party (the judgment debtor). This means that the judgment debtor will have to pay the judgment to the winning party in the amount determined by the court. In some circumstances, the judgment debtor will pay the judgment in a timely manner. In others, the losing party will not pay the judgment. Regardless of the reason for the failure to pay, remedies do exist for the winning party to collect the judgment.

Difficulty: Challenging

Instructions

Things You'll Need:

• Attorney

Collecting Payment

1. The ideal circumstance for the winning party is for the judgment debtor to pay the judgment in a timely manner. The courts will not assist you in collecting your judgments, so a cooperative judgment debtor makes the collection process much easier.

2. Some states offer the opportunity to conduct post-judgment discovery to determine the income sources of the judgment debtor. When the income sources are determined, it is possible to garnish either income or bank accounts to satisfy the judgment amount.

3. Another remedy is to utilize the levy process. The levy process allows the winning party to place a lien on the judgment debtor's property. A lien is a right in another person's property that arises when a debt is not met. This is a long process that involves a sheriff taking inventory of the judgment debtor's property, paying bond to indemnify/protect the sheriff from suit arising from the levy process, and paying advertising fees for the sale of the judgment debtor's property. This can be a long process and the winning party is responsible for bearing the costs.

4. It is important to note not everything a judgment debtor owes can be levied or garnished. For example, the judgment debtor's house cannot be taken away. These rules and limitations vary from state to state.

5. Depending on the state, the winning party has between ten and twenty years to collect the judgment. Once the statute of limitations has passed, the judgment can no longer be collected unless an extension is approved by the court.

Tips & Warnings

• If you place a lien on a judgment debtor's property to satisfy the judgment, it is important to note that liens are payed in order of seniority. In other words, liens are paid based on the time they were placed on the property. Older liens are payed first. Thus, younger liens run the risk of not being met if the property or funds are exhausted. This reality makes it of utmost importance to establish the seniority of the judgment lien.
• This article is meant to give general information regarding the collection of criminal judgments. If you are contemplating legal action, it is best to hire legal counsel to assist you during the process.

References

• After a Judgment: Collecting Money
• How to Collect Court Judgments
• Can You Collect Your Judgment?

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