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Collecting Your Small Claims Judgment

Monica Sanders - Feb 2006

Although it feels great, winning your case in small claims court is only half the battle. Next comes collecting your judgment. And as many small claims victors are shocked to discover, getting the defendant to pay up isn't always easy. The courts typically don't get involved, which means it's up to you to collect your hard won money. But don't despair - you have a few effective options at your disposal.

 

Understanding Debtors

Debtors often cannot pay their debts, either because they are insolvent or have no assets to collect. They are what lawyers call judgment proof. Others are simply adept at hiding their assets.

If you are dealing with the first situation, you may be able to work with the debtor if he or she is willing. The person's financial situation may be temporary. If so, you could work out a payment plan or make arrangements to have them pay in the future. If you are dealing with the second situation, you have some work to do. You may even end up back in court. At that point, you have to decide whether it is worth your time to pursue your money.

How to Get Your Money

If your debtor is unwilling to pay and you know they have the means, it's time to use your local sheriff. You have three options to collect: a bank levy, wage garnishment, or a real estate lien.

First, you must obtain proof from your small claims court that you have the right to collect. While the name of the court-issued document varies, it is typically called a writ of execution, writ of garnishment, or writ of attachment. Once you have your writ, give it to your local sheriff with instructions on your collection method. Your sheriff will serve papers on the appropriate institution and collect from your debtor.

Seizing money from your debtor's bank accounts is called a bank levy. For this, you need the name of the bank, the account number and the exact name on the account. If the cause of your suit was a business transaction, you may have this information on a credit application. Debtor laws exempt certain accounts from collection. Those include wages, retirement funds and public funds (social security, unemployment). The issue can get even more complicated if the account is joint or shared.

The next method to consider is a real estate lien. If the debtor has property, you can claim part of its value. You can create a lien by registering your judgment with the land records office in the county where the debtor owns real estate. A lien requires patience. You won't get any money until the property is sold or transferred since you will be paid from those proceeds. However, if the owner sells the property, you can collect the judgment, plus post-judgment costs and interests. It should be noted that some states limit the amount that can be collected on a real estate lien.

The third and easiest way to collect is wage garnishment. If the debtor has a job, you can collect up to 25% of his or her wages until the judgment is paid. Give your sheriff or other local official (known as a levying officer) information about the judgment and where the debtor works. This officer will collect the money and give it to you. There are restrictions, however. If the person can prove the money is being used for basic support, you can't garnish his or her wages. The same goes if they are already subject to another garnishment, are a federal or military employee or are on public support.

Just Ask, or Just call for Help

The simplest way to collect is the one mentioned in the beginning: ask for your money. Make the request in a professional manner. For some debtors, a formal request letter mentioning the judgment and the fact that it will show up on a credit report is 'inspiration' enough to get them to pay. If the person is truly in a financial crisis, consider accepting a lower amount. Settling for less now, may save you time and countless headaches later.

If you don't want to settle for less and none of the other methods appeal to you, there is one final option. You can call a professional. A collection agency will keep track of the debtor and collect your judgment for you. However, you will have to pay a fee. That means you will have to decide whether getting your judgment is worth the expense.

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Comments

Submitted by Anonymous on Feb 11, 2010 - 3:26PM

Small claims court, where the petty sue the desperate over the mundane.

Submitted by chevy on Apr 27, 2010 - 1:54PM

I received a judgment in superior court and small claims court. I hired a collections attorney, however the defendants have been ignoring the courts orders. I have begon an attachement to wages (but that only pays the attorney fees & costs). the amount owed is over $8,000.00 and the garnished amount is a little over 1,000.00 every sisty days. What evidence must I produce to have the defenants charged with FRAUD?

Thank you,

Maurice

Submitted by Anonymous on Jul 23, 2010 - 4:43AM

i won 2 judgments in small claim court on 01-16-96 against 2 brothers that stole my car,they both was arrested in my car with some stolen property they also did a lot of damage to my car therefore,the judge awarded me $2047.84 on one case and $3005.84 on the other case however,i cannot get any good information on either of the defendants so that i can obtain my money.as per the documents i believed that i have 20 years to collect but it has already been 14 years,do you have any idea where i can get help to get my money.i live in queens new york.thank you

Submitted by LegalZoom Nina F. on Jul 29, 2010 - 11:13AM

Thanks so much for your question. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

Submitted by fleurtynonymous on Sep 14, 2010 - 11:33AM

I received judgment of non-payment of alimony of $25,000 12% annum,plus $805.00 a month for life. what documents can I file on my own to place garnishment on my fromer hushand wages. thank you

Submitted by Anonymous on Sep 23, 2010 - 1:46PM

I received judgment in small claims, and never received payment. I have moved it to superior court docket so that there is now a lien on the debtor. However, the debtor has since gotten married and changed her name. Is there a form that I can submit to transfer the judgment/lien to her new name?
Thank you.

Submitted by LegalZoom Suzanne S. on Oct 7, 2010 - 11:39AM

Hello and thanks for your question. We're sorry to hear about your troubles, but our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com

Submitted by Anonymous on Nov 4, 2010 - 2:09PM

Do you have a Writ of Bank Levy form for a small claim in Florida? Thanks, Jim

Submitted by LegalZoom Nina F. on Dec 16, 2010 - 9:55AM

Hi Jim, thanks for thinking of LegalZoom. We currently do not offer this type of form. However, if you would like to search for an attorney in your area to assist you on this form, please refer to http://attorneyconnect.legalzoom.com

Submitted by Lisa Powell on Jan 17, 2011 - 7:27AM

I am trying to get the forms and know what the laws are and legally garnish wages on ex-husband for money court order to pay me that was never done. So, I want to garnish his wages to get the money owed.

How do I do this on my own.....since I have court orders.

Thank you

Submitted by LegalZoom Nina F. on Jan 28, 2011 - 4:20PM

Hi Lisa, thanks for your question. Unfortunately, LegalZoom does not offer any services or documents for garnishing wages. However, we can help you find an affordable attorney in your area to assist you. Check ou: http://attorneyconnect.legalzoom.com

Submitted by Anonymous on Feb 25, 2011 - 12:42PM

I am being sued in small claims court. I lost my home (fl) my job (out of work over 2yrs) I am 59yr and I have sold everything I own to survive, even my car. I live with my children now because I have no money.
You probably can't offer me any advice however, I was wondering... should I even go to court? As I am insolvent so for me there is no financial solution. I owe a moving company under $700

Submitted by Anita on Mar 7, 2011 - 5:47AM

I want to file a real estate lien for $35,000. I loaned to someone. Do you have a form to file this lien for myself? Or, do I need an attorney to do this?

Submitted by LegalZoom Nina F. on Apr 7, 2011 - 8:49AM

Hi Anita, thanks for your question. Unfortunately, LegalZoom does not offer lien documents at this time. If you would like assistance in searching for an attorney for these types of documents, please refer to http://attorneyconnect.legalzoom.com

Submitted by Lyle on Mar 31, 2011 - 8:44PM

If I win the law suit in small claims court with a business, what is the best way of collecting money from them?

LK

Submitted by LegalZoom Saman... on Apr 20, 2011 - 6:19AM

Hi Lyle, that is a great question. Often when you win a case, the courts will help you collect your judgement. For a more specific answer with your particular situation, you may try contacting our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this question.

Submitted by Benster on Jun 18, 2011 - 3:59AM

How can I put a lien on someone's home or property for labor owed, and does Legal Zoom provide the forms for this? Thanks

Submitted by LegalZoom Saman... on Jul 12, 2011 - 1:24PM

Hi Benster, this is a great question. LegalZoom makes creating many legal documents easy and affordable, but we do not offer lien documents at this time. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Feel free to ask about liens with Free Joe Friday: http://zoo.mn/FreeJoe.

Submitted by Anonymous on Oct 24, 2011 - 1:14PM

I sued and won in small claims a little over 9000.
But the guy refuses to pay i contacted a laywer and they want 40 percent,but i only won for hospital bills and car repair if they laywer takes 40 percent thats wat i got for the car .So does anyone know a cheaper small claims lawyer

Submitted by Anonymous on Nov 3, 2011 - 10:11AM

I won a small claims judgement several months ago. I attempted to garnish his paycheck, but due to child support my garnishment is over 25% of take home pay. I would like to attach tohis IRS refund to offset what is owed. In order to do this, i must find and fill out the forms, take them to my local court house, then they can approve and submit them to the IRS. The problem is, I am unaware of what forms I need in order to do this. I have also thought of levying the bank account, however, I do not know where he banks or an account number. Do you have any advice?

Submitted by joanne finlayson on Nov 10, 2011 - 7:13PM

can i put a lien on truck title since i paid to have truck lien paid and did all repairs. my brother-in-law was suppose to sign truck over to my husband and my company and my husband died and the truck has not been signed over

Submitted by Anonymous on Nov 22, 2011 - 12:03PM

it is a real shame that honest people have to pay twice. The courts are worthless and we need to have laws protecting honest people like us. If some one did the crime why should we care if they have to support kids. We also have to support kids as well. A woman rented my property and did not pay her rent and broke up my property before moving out. She gets food stamp,ssi and lives with her boy-friend (this is why people don't get married) I ow know what I can do as well. I am so angry with this country and their stupid laws. But I am an honest person and can not rob anyone.
still has not collected on my 4000.00 judgement and the lady is making more money than me and my husband put together. She knows this and the law and said she will not pay because she just does not want to not reason. she said she just want to make us mad. well the flipping laws sucks.

Submitted by Jim on Nov 26, 2011 - 5:43PM

Why do we have a small claims court? You have to pay for the person or persons to be served by the police after filling out all of the paper work. Then you go to mediation and then court after that. Then you have to wait for the judge to give a verdict by mail. Then if you win you have to go and do more paperwork and spend more money to have the papers served or hire a collection company and pay them. It seems the judge has no power to collect money from the party that lost? Why do we need something as useless as a small claims court and a judge that cannot make people pay. It would seem that anyone could get this job since you just listen and decide who should pay but you can't make them pay!

Submitted by Anonymous on Dec 2, 2011 - 7:45PM

When my boyfriend and I split up about a year ago, he and i shared a cell phone plan for an account that was in my name. The contract was not fulfilled for his phone. A couple that were parents of a friend of my daughters asked me if they could have it since they need a phone. They asked me to upgrade to a unlimited data and messaging plan if they would pay 100.00 a month towards the bill since I could not afford to pay it myself. Myself being the trusting fool that I am agreed.After about 4 months they renewed the contract by getting another phone(2 year contract). A few months later they started being late with the money, making additional charges in which I paid, but though payments were late, they did pay up but I also made a written agreement that they signed as to when, and how much they agreed to pay, and if not paid by 7 days after I had the right to suspend the phone. Last month I received no payment. Luckily I had enough to pay it before the phones were turned off for non payment, and suspended the phone. Now again they owe me another 100.00 for the last month(due this month), and refuse to answer emails or phone calls. It will cost 160.00 to cancel this phone since it is still under contract with the phone provider. all in all it is going to cost me 360.00 or more until this phone is cancelled. I am struggling as it is raising 2 children and I am on assistance to help me with my job also. I cannot afford to pay this every month. Since I am writing a demand letter to hopefully hear something from them. Is this something I can go to small claims court for? Or wonder if it would help if I won the case, to show the phone provider my circumstance. please HELP

Submitted by Anonymous on Dec 20, 2011 - 10:35AM

I have a judgement against me for child support. I had 1 of the kids he was claiming child support on.he would not drop it ,so, the Judge PUT him out of court and told me to take him back to court..I don't have the money ,but need to get this matter taken care of.HOW AND WHAT DO I FILE.PLEASE HELP.thanks

Submitted by Anonymous on Jan 22, 2012 - 7:00AM

I have gotten a Judgment and I am looking to collect. I want to get the persons wadges garnished but I am concerned because when I went to serve her at her work (through the sheriff) with the court summons they would not allow it. I am wondering if they will allow the sheriff to serve the garnish wadges paperwork there? Any ideas or suggestions? Thanks

Submitted by Greg Renkenberger on Feb 3, 2012 - 10:12AM

what is the maximum small claim award allowed in Colorado. I have a person who borrowed $8,500.00 promised to repy by Dec 15th. Only have written text messages confirming that she would repay. She never did send a written note. However, I would like to ask the courts for text records from Verizon. What can I do? I live in Arizona she lives in Colorado. The relationship extends over 10 year period. Previous Finance'


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