How to Collect a Small Claims Judgment

If an individual owes you money, you can opt to sue the person in small claims court for the amount you are owed (subject to state law limitations on the dollar amount of small claims judgments). Should you win the lawsuit, a judgment will be levied against the defendant. Although a judgment verifies the court's decision that the individual is legally obligated to pay you, it does not guarantee that you will receive payment. You must often take additional legal action to procure a wage garnishment or bank levy to ensure that the debt gets paid.

Instructions

Wage Garnishment

1

Verify that the debtor is currently employed and the location of his employer.

2

Request that the court issue a writ of garnishment against the defendant. A writ of garnishment will entitle you to garnishee the debtor's wages. You will need to prove that you have a judgment against the individual before the court will issue a garnishment order.

3

Send the debtor a written statement notifying her of the impending garnishment and giving her the opportunity to contest it with the court.

4

Deliver a copy of the writ of garnishment and a copy of the original court judgment to the local sheriff. The sheriff will then take the writ of garnishment to the debtor's employer.

Bank Levy

5

Find out where the debtor does his banking. If you have any past checks from the individual, this should provide you with the name of his banking institution.

6

Petition the court that issued the original judgment against the debtor to issue a writ of execution permitting you to place a levy against his bank accounts. You may have to pay the court for this service.

7

Provide the sheriff with a copy of the writ of execution. The sheriff will then serve the debtor's banking institution with the order. The bank will freeze the available funds in the debtor's bank accounts and, after a mandatory waiting period (usually 21 days), the funds will be remitted to you.