Once a plaintiff prevails in his civil action against a defendant, a court will enter a judgment for the amount of damages awarded. Thereafter, the plaintiff is designated as a judgment creditor and the defendant, a judgment debtor. The principal means by which a judgment creditor can enforce his judgment is to initiate various court approved post-judgment procedures authorized by the jurisdiction in which he resides.
Post Judgment Collection Procedures
Once he obtains a judgment from the court, a judgment creditor can seek satisfaction for the judgment by commencing post-judgment collection procedures authorized by law. In most jurisdictions, the principal methods for enforcing a judgment include attachment, wage garnishment and placing a lien on the judgment debtor's real property.
Execution on The Judgment
In most states, once a creditor has obtained a judgment, he must then request that the court issue an Execution. An Execution is a legal document that bears the official seal of the court that issued the judgment. It contains the dollar amount and date of the judgment and serves as the official document by which a creditor can levy against a debtor's assets or property. A judgment creditor can levy on his execution at any time during the statutory period for which the judgment is effective.
Wage Garnishment
In most jurisdictions, a judgment debtor can apply to the court for a writ of garnishment, an order directing the employer of the judgment debtor to set aside a specified percentage of his weekly wages for the benefit of the judgment creditor. The wage garnishment order continues in effect until the judgment expires. In most states a specified percentage of a debtor's wages, usually 25 percent, are exempt from garnishment, as are public assistance and disability payments.
Attachment
Attachment is a post-judgment procedure whereby a creditor applies to the court for an order to attach the assets in a judgment debtor's bank account.
Lien
A levy or lien placed on the real property of the judgment debtor acts as a cloud on the title of the property and it must be dissolved or satisfied before the property can be sold or transferred to a third party. This is an effective collection technique because the debtor will never be able to sell his property unless the judgment creditor is first paid the judgment amount in full.
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