See how to collect your money later on winning a judgment in small claims court. Yous have options if the loser refuses to pay what yous're owed.

On This Page

  • Employ Small Claims Judgment To Go Paid
  • Record Your Pocket-size Claims Courtroom Judgment
  • Seizing Assets To Pay Your Judgment

Small claims court should exist a cheaper, easier way to recover money to which you're entitled. For the most function, information technology is indeed cheaper. However, it's not always easy.

Many people become so caught up in a minor claims lawsuit that they forget to think most the result.

In other words, how are yous going to actually recover money from the other side in one case you lot win?

Just winning a pocket-sized claims case does not mean y'all go paid. In a lawsuit, "winning" means getting a judgment — a piece of paper from the court stating you lot are entitled to money.

Often, someone who loses a example volition voluntarily pay the judgment and you lot go your money. But what happens when the person y'all have a judgment against refuses to pay?

This article will go over the judgment process and your options to get your money equally apace as possible.

How To Use a Small Claims Judgment To Get Paid

Gavel resting atop pile of money

If the accused (the person you sued) is a sore loser, there are several means for you to force them to pay what they owe. All those methods begin with one very of import document: the judgment.

A small-scale claims court judgment is a curt court order — two pages at nigh — that says who won a lawsuit. A California judgment, for example, is a backup-the-blank certificate prepared by the court clerk.

If you won and asked the court to honor you coin, the judgment volition say exactly how much money y'all are due from the defendant.

Once you have the judgment, brand a listing of assets the accused tin utilise to pay your judgment. Those assets might be in the form of money in bank accounts, real estate, or personal belongings.

Judgment Debtor'due south Examination

When you win in small claims court and the courtroom orders a judgment against the defendant, you become the judgment creditor and the person who owes you lot money is the judgment debtor.

Equally the judgment creditor, you lot have a right to know what assets the judgment debtor has. Many courts automatically inquire the judgment creditor to make full out a form listing their assets, including depository financial institution accounts, real estate, and employment wages.

But if the debtor won't cooperate, you lot'll need to request some other hearing. Some states call it a judgment debtor examination. It can also be chosen a hearing to disclose avails or a hearing regarding a statement of assets.

In this hearing, the defendant will give sworn testimony, just every bit if they were being called as a witness in a trial. Besides similar in a trial, lying in a judgment debtor exam is against the law. The defendant will have to show about their sources of income and what holding they ain.

The information from the hearing tin then be used to pursue payment of the judgment. Y'all might exist able to take the accused's money out of the banking concern, garnish their wages, or put a judgment lien against their house.

Record Your Small Claims Court Judgment

Woman stamps document from small claims court

Make sure that your judgment is in the public record. In well-nigh states, this is accomplished by recording the judgment in the part of your county clerk.

Contact the clerk for the county where your minor claims case was decided for instructions on recording a judgment.

Typically, yous'll need the original judgment, or an abstract (summary) of the judgment, and the total, correctly spelled names of all parties to your case. Yous may accept to pay a small recording fee.

Getting your judgment in the public record is of import, both equally a legal step and as a persuasion tactic. A judgment properly attached to someone'south proper noun means that your judgment will also exist fastened to any records begetting their proper noun. In almost states, this means that the owner will be unable to sell their house or other property without outset paying the judgment against them.

In this style, recording a judgment tin be a way of "soft persuasion." It pressures the other side to voluntarily pay you in order to conduct their business normally. If that doesn't work, you can accept the next step: really seizing the defendant's assets.

Seizing Assets To Pay Your Judgment

The court awards your judgment, just enforcing the judgment is upwardly to you.

Nearly lawyers consider a defendant "judgment proof" if the accused has no avails or wages. If yous have a judgment-proof accused, it makes footling difference whether the legal case is solid. You lot can't recover money that doesn't be.

Fortunately, judgment awards in nigh states are valid for 5 or more than years, and may be renewed before they lapse. If the defendant's financial circumstances alter, you nonetheless take a shot at collecting your coin.

One time yous've identified the judgment debtor'due south avails, you take more options.

Option ane: Seize Money in Bank Accounts

Red piggy bank inside a small vault

The most straightforward choice for getting what you're owed is taking money from a banking concern business relationship, as well known as a bank levy.

At the hearing or judgment debtor examination, y'all should have obtained a list of the other side's banking concern accounts, with account numbers.

With the depository financial institution account information, yous can go to the sheriff (or other process server designated past your state'due south constabulary) and place your bank levy. This allows you to get your judgment coin directly out of the defendant'southward bank account.

The biggest problem with this approach is that losing defendants ofttimes don't have a great deal of money lying around. It'due south possible that their banking company account will non take enough money to satisfy the amount of money you are owed.

In that case, you will need to acquire money from another source.

Option 2: Garnish Wages

Person opening a check in an envelope from small claims court win

The next method of getting your money is taking information technology directly out of the defendant's paycheck. This procedure is chosen garnishment, and it allows you to take a percent of the accused's wages every month until your judgment is paid in full.

Like a bank levy, a garnishment would as well be accomplished with the aid of a sheriff or other person designated by state law. Essentially, the sheriff'south office would collect the coin every calendar month and transfer it to y'all.

A garnishment is slower and more than complicated than a banking concern levy. It can be more than successful, though, because information technology doesn't demand the accused to take a lot of money set aside to pay a judgment. By using the defendant's futurity wages to pay your electric current judgment, it puts less strain on the accused and gets your coin relatively quickly.

Note that in some states, a modest claims judgment can besides order the losing political party to pay a judgment on a payment programme. In other words, the court order itself volition specify how payments volition be made and in what period of time. If this is an selection in your state, try a court-ordered payment plan before resorting to wage garnishment.

Selection iii: Get a Judgment Lien

Small toy house with chains around it and gavel resting on it

Finally, if you cannot get paid quickly, you may want to affirm a judgment lien over the accused's belongings. A lien is a claim against someone'due south belongings to secure payment of a debt.

If you successfully recorded the judgment in the county clerk'due south part, you tin can now utilise that judgment to assert a lien against the defendant'due south real estate.

Basically, you do this by recording your judgment against a particular holding. This entitles y'all to payment of your judgment upon sale of the belongings. As the judgment creditor, you tin as well foreclose upon that real manor lien, but this may require another court activity, depending on your country.

Judgment liens tin can as well exist obtained confronting personal property, though the method of doing this varies past land and type of property. In the result that you believe this may be a proficient option in your example, you should contact a lawyer for specific legal communication.

Make Sure Yous Become Paid

Lawyers may tell you that a judgment against an uninsured defendant, whether from small claims court or otherwise, is not worth the paper information technology's written on. As you can see, this is not e'er true. The fact remains that any lawsuit you bring should be filed with full awareness of who you are suing and what property they have.

You accept many different options to recover the money due from a defendant. As long equally you tin be patient and persistent, it is possible to become judgments even from difficult defendants.

One concluding thing: If the accused declares bankruptcy before yous collect your money, an "automated stay" will go into effect, significant that yous will have to terminate what you are doing and follow the pb of the defalcation court. If this happens, or you need other legal aid on this topic, please consult an attorney in your state.

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