What happens after I win a small claims judgment?

While a losing defendant may voluntarily pay a court judgment, the winning party often must collect it themselves to get the court’s award or judgment turned into cash-in-hand. If the losing defendant doesn’t have the means to pay the judgment, or have any property that is subject to collection, you may win a court judgment but never collect anything. In fact many small claims court judgments are never satisfied.

To collect a judgment, you must obtain proof from your small claims court that you have the right to collect. This is 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 to the debtor, requesting payment for the small claims court judgment.

Another method to consider is a lien on property. If the debtor has property, you can claim part of its value. You can create a real estate lien by registering your judgment with the land records office in the county where the debtor owns real estate. You won’t get any money until the property is sold or transferred as you will be paid from those proceeds. If the owner sells the property, you can collect the court judgment owed to you, plus post-judgment costs and interests.

You could also consider wage garnishment. If the debtor has a job, you can collect up to 25% of his or her wages until the court judgment is paid. Give your sheriff or other court officer information about the judgment and where the debtor works. But there are restrictions–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 welfare support. Either the sheriff or court clerk can walk you through the court judgment collection process if you have questions.

Case Studies: Collection Methods for Small Claims Court Judgments

Case Study 1: The Elusive Debtor

In this case, John filed a small claims court judgment against a defendant who owed him a significant amount of money. However, despite winning the judgment, John faced difficulty in collecting the debt as the defendant claimed to have no assets or means to pay. To enforce the judgment, John obtained a writ of execution from the court and submitted it to the local sheriff. The sheriff served the debtor with payment instructions, but unfortunately, the debtor remained unresponsive. Despite their efforts, John was unable to collect the judgment amount.

Case Study 2: Seizing Property Assets

Sarah, the plaintiff in a small claims court case, won a judgment against a defendant who owned valuable property. To secure her payment, Sarah registered her judgment with the land records office, creating a real estate lien. She patiently waited for the debtor to sell or transfer the property. Finally, when the property changed hands, Sarah received her court judgment amount, along with the post-judgment costs and interests.

Case Study 3: Garnishing Wages

In this case, Emily obtained a small claims court judgment against a debtor who was employed. She decided to pursue wage garnishment as a means of collecting her judgment. Emily provided the necessary information about the judgment and the debtor’s workplace to the sheriff. However, after conducting an investigation, it was discovered that the debtor’s wages were already subject to another garnishment, rendering wage garnishment ineffective in this particular case.

Case Study 4: Restrictions on Wage Garnishment

Mark, the winning party in a small claims court case, sought to collect his judgment through wage garnishment. However, the debtor proved that the money being earned was necessary for basic support, and therefore, wage garnishment was not permitted. Additionally, the debtor was a federal employee, which further prevented wage garnishment. As a result, Mark had to explore alternative methods of collecting the judgment.