How to Enforce a Court Judgment

A court judgment is a legal award of money to a plaintiff, payable by a defendant. In such cases, however, the court does not collect the judgment from the defendant. The plaintiff must use legal tools to enforce and collect a court-ordered award. In general, monetary judgments remain in effect for 10 years, or until paid or the defendant files for bankruptcy protection. There are some methods for enforcing a court judgment.

Instructions

1. Negotiate with the defendant. Mail a letter to the defendant debtor stating you are willing to accept monthly payments until the award is fully paid. Include a warning that other legal methods, such as bank levy and wage garnishment, will be pursued if the judgment goes unpaid. Send the letter via USPS Registered First Class Mail. Follow up by phone within 10 business days.

2. Place a levy against the defendant's bank account. Go to the court that granted the judgment and ask for a "writ of execution" or "writ of garnishment" form. Fill the form out and return it with the filing fee. Receive the writ and deliver a copy in person, by mail or by fax to the defendant's bank, along with a copy of the judgment.

3. Garnish the defendant's wages. Like a bank levy, you must go back to the courthouse and apply for a garnishment or execution writ. File it with the court and provide the defendant's employer with a copy of the judgment and writ. The employer will withhold a portion of the defendant's wages for you.

4. Place a lien on the defendant's property. Return to the courthouse in which you received the judgment and ask a clerk for a lien form. Identify the defendant's property such as a house, land, personal watercraft, car, RV or any other real or personal property. File the lien with the court and wait for the defendant to sell or transfer the property to collect.

5. Apply for a seizure writ or "turn over order." Some states permit a plaintiff to obtain a "turn over order" or seizure writ. Apply for an order or writ at the court clerk's office and list what property you wish to seize and sell to satisfy the judgment. This includes but is not limited to collectibles, real property and vehicles.

Tips & Warnings

• Consult the judgment-collection laws in your state. Some state statutes prohibit direct employer wage garnishment or levying a bank account in excess of a certain dollar amount. Other states do not allow you to place liens against exempt property such as a homestead.

• Read the Fair Debt Practices and Collection Act to ensure you are not violating any collections laws.

References

• National Check Fraud Center: Enforcing A Legal Judgment Victory at the Courthouse - You've got a Judgment. Now What?
• UCLA Student Legal Services: How To Collect A Court Judgment
• Nolo: Tips for Collecting Your Judgment
• Texas Judgment Collection Center: Texas Turnover Relief -- When You Think You've Exhausted All Your Options!