How to Examine a Debtor Judgment

The examination determines the defendant's assets.

You've won your court case and obtained a judgment. You are officially known as a judgment creditor. A judgment creditor is a winning plaintiff to whom the court decides the defendant owes money. Now you must collect your money. It's a good idea to send the defendant a certified letter requesting her to contact you to discuss the matter. It might save you some time in court. Be sure to include a deadline. If you fail to make an arrangement, you must file a Motion for Judgment Debtor Rule Examination to determine what, if any, assets the debtor has for attachment or seizure.

Instructions

1. Obtain a Motion for Judgment Debtor Rule Examination form from the clerk of courts. Complete the form. You will need the case number and the names of the plaintiff and defendant.

2. File the motion with the clerk. File a motion for the court to freeze the defendant's assets.

3. Obtain an examination date. The defendant must produce his W-2s, last year's income tax return(s), pay check stubs, business papers, automobile titles and registrations, checking and savings records, and all property records.

4. Appear in court on the scheduled date. Approach the individual in a calm, respectful manner.

5. Explain to the defendant that she may be held in contempt of court if she fails to cooperate with the proceedings. Tell her you are there to complete the court-ordered examination of her financial standing.

6. Examine the debtor's income. Federal law prohibits garnishments in excess of 25 percent of the debtor's wages. This includes garnishments from all sources. Until the debt is cleared, the approved garnishment remains in place.

7. Look at the defendant's checking and savings accounts. Analyze any stocks, bonds and life insurance policies with cash values the defendant owns. You can levy any of these accounts to satisfy the judgment.

8. Assess the individual's real estate and vehicles. If the value of either is close to the judgment value, you levy it except in Florida. Florida prohibits real estate seizures. You also have the option of attaching a lien. If the debtor sells the property, you must be paid.

9. Scan any other financial records provided by the defendant. If she owns a business and is the sole proprietor, you can levy the business finances as well.

10. Request the defendant give you his key chain. Ask the purpose of each key and if he owns the property. If he claims he doesn't, ask why he has a key. For example, if it is a business, is he employed?

11. Ask the individual if she owns anything valuable she forgot or failed to document. Is she owed anything valuable?

Tips & Warnings

• Request the judge take the bench if the defendant becomes uncooperative, belligerent or threatening at any point.

• File your levies, liens or both at the conclusion of the hearing. The defendant could try to sell or transfer assets and close accounts.

• Don't try to intimidate the defendant. He will automatically attempt to hide information.

References

• Law.com: Judgment Creditor
• Merriam-Webster's Dictionary of Law; Merriam-Webster, Inc.; 1996
• Cornell University: Federal Rules of Civil Procedure: Rule 54 - Judgments
• Baton Rouge City, Louisiana: Motion for Judgment Debtor Rule Examination
• Sphinx Legal: How to File For and Conduct a Debtor Examination Hearing
• Cornell University: United States Code Title 15, Chapter 41: Restrictions on Garnishments

Resources

• California Courts Self-Help Center: More Ways to Collect a Judgment
• Small Claims Court Forms: Collecting Small Claims Court Judgment
• Nolo: Can You Collect Your Judgment Yourself?