How to File a Motion for the Enforcement of a Judgment

Only a judge can enforce a judgment.

When you win a judgment in small claims court, it does not mean you will get your money. The person you took to court is now called the "judgment debtor" after the court rules in your favor. You may have to go back to court several times before getting the judgment debtor to pay. You may have to attach the judgment debtor's wages or have the sheriff seize personal property, to which a judge must agree. The judge will issue a "writ of attachment" or "writ of execution" before you can seize the judgment debtor's property. If you want wages attached, meaning the debtor's employer will withhold a portion of his wages every week, the judge will issue a "writ of garnishment." With this, you may also seize the money from the judgment debtor's bank account.

Instructions

1. Write a letter to the judgment debtor asking how he will pay the judgment. If you will accept installment payments, include that option in the letter; if you will settle for a lesser amount, include that as well. Wait 30 days after the judge has ruled in your favor before filing anything with the court.

2. Contact the court and fill out the proper paperwork requesting a hearing. Each state calls it something different: "disclosure hearing," "supplemental examination," "interrogatories" or "debtor examination." The judgment debtor will have to disclose a description of any real estate owned, spouse's name and employment, Social Security number, driver's license number, bank location and account numbers and all income and employer information.

3. Ask the judge during the hearing to issue a writ of attachment or a writ of garnishment. You can also record a lien against any real estate the debtor currently owns. The judgment debtor will have to pay you before he can sell the property.

4. File a "Satisfaction of Judgment" with the court when the judgment debtor pays the full judgment.

Tips & Warnings

• If the judgment debtor is a business, some states allow an order to authorize a sheriff to remove enough cash from the cash register to cover the judgment against the judgment debtor.

• In some states, if the judgment debtor agrees to a payment plan, the court will order the debtor to make regular payments on the debt. If a payment is missed, you can take the judgment debtor back to court.

• If the judgment debtor does not appear in court during the disclosure hearing, a warrant for his arrest will be issued.

• If the judgment debtor files for bankruptcy and lists the debt in the bankruptcy proceeding, federal law prohibits any attempt to collect on the judgment. The federal bankruptcy court can hold you in conempt if an attempt is made to collect.

References

• World Law Direct: How to Enforce a Court Judgment