subject: How To Enforce My Judgment [print this page] I am not a lawyer, I am the nation's only judgment referral expert. This article is my opinion, and is not legal advice. If you ever want a strategy to use or legal advice, please contact an attorney.
What if you won your lawsuit and were awarded a civil money judgment, how can you recover the judgment? This article has a brief outline, with a synopsis of some typical ways to collect a judgment.
The first thing to verify is, whether your judgment is enforceable or not. When the judgment is either void or voidable, due to a problem with the lawsuit, or the proof of service, or judgment; that should be resolved before you attempt to recover judgments.
The next thing to check is, did your debtor ever file for bankruptcy protection after you received your judgment. If they did, most likely the judgment got essentially wiped out in the bankruptcy proceeding.
Next, most judgments expire after some period of time, typically 5 to 20 years. If your judgment is old, it is a must to confirm whether or not the judgment has expired. If the old judgment is still valid, it may be a good idea to renew it.
Next, can the the judgment debtor be found? Do they have any available assets? You must find this out, or pay someone to discover this, to be able to recover any money. To collect your judgment, you need to find the judgment debtor's assets, and discover their status, to check for any possible judgment debtor exemptions that may be claimed on them.
If your debtor owns, or may someday own, any part of a real estate property, record your judgment in the county property records department, often called the county recorder. Recording a judgment, creates a property lien that may one day pay off.
Record a lien in every county where your debtor owns, or might someday own, some ownership in real estate property. Record a lien in the county where they currently live, and the county where their parents own property, in case your debtor inherits that property some day. Some states have state-wide lines on property.
Post-judgment discovery tools can be very helpful when trying to enforce judgments. every court and jurisdiction has unique rules on what discovery techniques are permitted. Sometimes, after getting commanded to go to court for a debtor exam, the judgment debtor might start paying you.
With enough info about the judgment debtor and their assets, it's possible to levy or garnish their assets. These are some tools to help you really get (at least partially) paid for your judgment. If examinations and levies do not fully or mostly pay off the judgment; wait six months, then regroup, and try until the judgment is paid.
After all or most of the judgment has been recovered, file a Satisfaction of Judgment form at the clerk of the court. Most often this must be notarized first. After the court endorses the satisfaction, make a copy of it, and mail the original to the former debtor.
