Winning a court judgment is a major milestone in a legal dispute, but it doesn’t guarantee that the debtor will willingly pay. In fact, many debtors avoid payment altogether unless legal action forces their hand. Fortunately, courts provide several powerful tools to help judgment creditors enforce collection.
Whether you’re an individual, a business, or a professional creditor, understanding these enforcement mechanisms is essential to recovering the money you’re owed. In this post, we’ll break down the most effective tools for judgment enforcement, how they work, and when to use them.
1. Wage Garnishment
What it is:
Wage garnishment allows a creditor to take a portion of the debtor’s wages directly from their paycheck. The funds are withheld by the employer and sent to the creditor until the debt is paid off.
How it works:
To garnish wages, you typically need to obtain a writ of garnishment from the court and serve it on the debtor’s employer. The employer is then legally required to comply.
Limitations:
Federal law caps wage garnishment at 25% of disposable earnings (or less, depending on state law). Some states offer even stronger protections for debtors.
When to use it:
Wage garnishment is ideal when the debtor has a regular job and you know where they’re employed.
2. Bank Levies
What it is:
A bank levy allows you to seize money directly from the debtor’s checking or savings account.
How it works:
After obtaining a writ of execution, the court authorizes the sheriff or marshal to serve the bank with notice to freeze and transfer funds in the account up to the amount of the judgment.
Limitations:
Timing is crucial. If the debtor is aware of the judgment, they may drain their account before the levy is executed. Some states also exempt certain types of funds (e.g., Social Security or unemployment benefits).
When to use it:
Bank levies are effective when you know where the debtor banks and believe they keep a meaningful balance.
3. Property Liens
What it is:
A lien is a legal claim against the debtor’s real estate or other valuable property. It doesn’t force immediate payment but can prevent the debtor from selling or refinancing without settling the debt.
How it works:
In many states, simply recording the judgment with the county recorder where the debtor owns property automatically creates a lien.
Limitations:
Liens don’t guarantee payment and may not result in recovery unless the debtor sells the property. However, they can provide leverage and long-term protection of your claim.
When to use it:
This is a smart step if the debtor owns real estate, even if you’re not actively enforcing the judgment right away.
4. Till Taps and Keeper Levies (for Business Debtors)
What it is:
These methods allow creditors to seize cash from a business that has daily customer transactions—like restaurants, gas stations, or retail shops.
- A till tap allows a sheriff to enter the business and collect cash from the register.
- A keeper levy involves posting a sheriff or agent at the location to collect ongoing payments over one or more days.
How it works:
These require a court order and coordination with local law enforcement or an appointed levying officer.
Limitations:
These tools are generally available only against commercial debtors and can be logistically complex.
When to use it:
Best used when the business handles large volumes of cash and is avoiding voluntary payment.
5. Seizure of Personal Property
What it is:
With court approval, a creditor can seize and sell the debtor’s personal property—such as vehicles, equipment, or valuable goods—to satisfy the judgment.
How it works:
After identifying the assets, you request a writ of execution from the court, and a sheriff can conduct a levy and public auction.
Limitations:
Not all property is subject to seizure. Many states exempt certain personal items or have value thresholds.
When to use it:
Effective when the debtor owns valuable non-exempt assets and has no liquid funds.
6. Post-Judgment Discovery
What it is:
This legal process allows creditors to compel the debtor to disclose their assets, income, and financial records.
How it works:
You can issue interrogatories, document requests, or schedule depositions. If the debtor refuses to respond, the court may hold them in contempt.
Limitations:
While discovery doesn’t collect money directly, it gives you the information you need to enforce the judgment through other means.
When to use it:
Ideal as a first step when you don’t know what assets the debtor holds.
7. Contempt and Debtor’s Examinations
What it is:
A debtor’s exam is a court-ordered hearing where the debtor must answer questions under oath about their finances. Failure to appear can lead to contempt charges or a bench warrant.
How it works:
You request the examination through the court and personally serve the debtor with notice.
Limitations:
This is not an enforcement tool itself, but it creates legal pressure and may uncover hidden assets or lead to compliance.
When to use it:
Best used when a debtor is ignoring other efforts or hiding assets.
Final Thoughts
A court judgment is just a piece of paper until you act on it. Fortunately, the law gives creditors multiple powerful tools to collect. Whether it’s garnishing wages, freezing accounts, or uncovering hidden assets through discovery, knowing which tool to use—and when—can make all the difference.
Every situation is unique, and some enforcement methods are more effective than others depending on the debtor’s financial profile. If you’re unsure where to start or if your enforcement efforts have stalled, consulting a judgment collection attorney can help you navigate the legal landscape and recover what you’re owed more efficiently. We recommend Judgement Collection Attorney.
