Collection on Judgments

Winning a monetary judgment is cause for celebration, but the celebration is often short-lived due to the debtor’s refusal to pay. If you have a judgment that is not being paid, hiring an experienced collection attorney is the best way to get the most out of your judgment in the shortest period of time. After reviewing your case and determining how the debtor can satisfy the judgment, your attorney will likely employ one or more of the following three judgment collection techniques:

1. Judgment Lien

A lien is defined as a security, charge or encumbrance on a piece of property. Your attorney can apply a lien to both the real and personal property of the debtor. When property that contains a lien is sold, it is either sold subject to the lien or a portion of the sale proceeds are used to satisfy the lien.

2. Execution and Levy

Execution of a monetary judgment is obtained by legally enforcing the judgment through the seizure and sale of the debtor’s property.

3. Wage Garnishment

Wage garnishment satisfies a monetary judgment by directing the debtor’s employer to pay a portion of the debtor’s wages directly to you.

As the owner of a judgment, you also have the right to sell your judgment to a professional judgment collector. However, the sale of judgments is always designed to benefit judgment collectors. While getting something out of your judgment is better than getting nothing, your chances of satisfying the judgment in full are highest when you hire an attorney who can navigate the legal complexities of the collection process.