How to Collect a Judgment From the Self-Employed

Winning a judgment against a debtor is only half of the battle. The court will not automatically enforce the judgment for you; you must make arrangements to collect the money you are owed. Often, a judgment creditor can use wage garnishment to collect a debt. Since your judgment debtor is self-employed, explore other options. In some cases, the judgment debtor may voluntarily make payments. Otherwise, you must work with the courts and the sheriff's office to either enforce payments or seize assets to satisfy the debt. An attorney can help you navigate this process.

Instructions

1

Work with the judgment debtor through your attorney, if you have one, to establish a voluntary payment schedule. Encourage the judgment debtor to make regular weekly or monthly payments and possibly to make one larger initial payment. Approach him with this arrangement within 30 days of the notice of the judgment, if he has not yet paid it, as recommended by FindLaw

2

Prepare and file a motion requesting an installment payment order if a voluntary payment arrangement is infeasible. You may wish to have an attorney do this for you. This motion grants you another day in court during which the judge can order the judgment debtor to make specified payments.

3

Go to the clerk of the court that awarded the judgment if the judgment debtor refuses to make payments. Request a writ of execution.

4

Bring the writ of execution to your county's sheriff's office. Provide it with all the information you have regarding the judgment debtor, such as his residence, bank accounts and property, as well as other assets. You may need to fill out a form explaining exactly what you wish to levy. Have an officer serve the writ of execution to the judgment debtor. He may levy the debtor's bank accounts or seize personal property to satisfy the debt.

5

Petition the court for a judgment debtor hearing after serving the writ of execution, if the debt is still unsatisfied and you believe that the judgment debtor is withholding assets. Request a subpoena duces tecum from the court clerk. This requires the judgment debtor to return to court and produce evidence of his assets. Bring the subpoena to the sheriff's office and have the judgment debtor served.