Winning a judgment in small claims court is step one — actually collecting the money is often step two, and sometimes it requires additional effort.
If the defendant pays voluntarily: This is the easiest outcome. Some defendants, especially businesses, will pay shortly after losing to avoid further legal action.
If they don't pay: You have several enforcement tools available:
Wage garnishment: You can ask the court to order the defendant's employer to withhold a portion of their paycheck until the judgment is satisfied. Most states allow garnishment of 25% of disposable income.
Bank levy: You can ask the court to freeze and seize money from the defendant's bank account. You'll need to identify the bank — sometimes this requires a debtor's examination (a court proceeding where the debtor must disclose their assets).
Property liens: You can place a lien on the defendant's real property, meaning they can't sell or refinance without paying you first.
Debtor's examination: Also called a judgment debtor exam, this is a court hearing where you can ask the defendant questions about their assets, income, employer, and bank accounts under oath.
Important limitations: Defendants protected by bankruptcy proceedings cannot be collected from. 'Judgment proof' defendants (those with no income, assets, or property) may be legally impossible to collect from, at least temporarily. Judgments typically remain valid for 5-10 years and can often be renewed.
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