How Do I Collect a Small-Claims Judgment?
- Obtain proof of your judgment before beginning collection procedures on a small-claims judgment. This is usually accomplished by filing a writ of execution or attachment with the court in which the judgment was obtained. You can obtain a writ of execution form from any court clerk's office. The writ should list the name and address of the debtor, the amount owed and the date the judgment was rendered, as well as a copy of the judgment itself. The writ should also specify the methods you intend to use to collect the small-claims judgment.
Once you receive the signed and approved writ back from the court, give it to your local sheriff's office or process server for service on the debtor. You can then begin wage garnishment or levy procedures against the debtor to recover the amount owed to you under your small-claims judgment. - If the debtor is employed and receives a regular paycheck, you can use your writ of execution or attachment to garnish his wages. Generally, depending upon the state, you can collect up to 25 percent of the debtor's wages until the judgment is paid in full. The garnishment documents are served on the debtor's employer, who will then collect and turn over the wages.
If the debtor has property, you can also record the judgment as a lien on the property. However, with a real estate lien, you won't be able to collect your small-claims judgment until the land is sold, since you will be paid from these proceeds. Another option is to seek a levy of the debtor's bank account funds. If funds are available and you requested a levy in your writ of execution, you can have a process server serve the writ on the debtor's banks and take your small-claims judgment money directly out of his accounts. To perform a bank levy, you will need information about the debtor's banks, bank account numbers and exact names on the accounts. Certain bank accounts, such as retirement funds and Social Security funds, are generally exempt from levy.