How to Use a Court Judgment to Collect on a Lien

Judgment matters may end up back in court.

Court judgments are legal rulings awarding money to creditors. The debtor, the losing party, has one month to pay the creditor, the triumphant party, his due financial award. On the other hand, additional measures are necessary if monies are not paid. While the courts do not collect money outright, they do afford the creditor the opportunity to use the judgment in other ways to collect on a lien. In this case, judgments are used as legal grounds to assume possession of the debtor's property.

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Personal identification
Abstract of judgment
Information subpoena

Instructions

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  Visit the clerk for the court in the county overseeing the legal matter. Many matters concerning liens and judgments are handled in the civil or small claims court.
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  Present at least two current forms of personal identification to the clerk - a driver's license and passport, for instance. Explain your situation to the clerk - specifically, that you intend to use a court judgment to collect on a lien. Ask for an abstract of judgment -an official copy of the court's ruling - and an information subpoena. The information subpoena is a court document that includes a list of questions instructing the debtor to provide open and honest answers about his assets and properties.
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  Send a copy of the abstract of judgment and information subpoena - along with a cover letter - via certified mail to the debtor's address. The debtor must answer questions - usually in a week's time - that give the creditor an idea what type of physical property of which he can justly take ownership to collect on unpaid monies.
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  File the information subpoena with the court clerk. Inquire with the clerk to set a court hearing date - to settle the matter once and for all - and to obtain a writ of execution or a writ of garnishment. Prepare to pay a minor filing fee of approximately $5 or $6 for each form. A writ of execution is a judge's decree that certain debtor properties must transfer ownership to the creditor. A writ of garnishment demands a portion of the debtor's wages be redirected to the creditor until all due monies are paid.