How do I collect on my judgment?

 

A judgment is only as good as the person it is against which is why we look at collectability during our initial consultations.  With that being said, if a Defendant owns a home, has a bank account or a good job there are enforcement options available through the court.

 

BACKGROUND

As mentioned in our question “How do I know if I have a good case?” of the three things we look at whenever assessing a case is whether or no it is collectable.  It is said “you can’t get blood from a stone” and that principal also applies to Defendants.  If the person or business you have chosen to sue has no income and no assets recovery on a Small Claims Court judgment may be impossible.  If, however, a Defendant has assets or income then there are enforcement options available.  Below are some of them.

GARNISHMENT

This is perhaps the most common enforcement option exercised and is frequently used in situations involving consumer debt where the Defendant has a job.  A garnishment is a court enforcement method that allows a Plaintiff to seize money belong to or headed to the Defendant.  For example, if a Defendant has a job then the Plaintiff can issue a Notice of Garnishment to the person’s employer.  The employer is then required by law to deduct up to 20% of the Defendant’s net wages and remit it to the court who, in turn, will forward it to the Plaintiff.

If the Defendant is a business, its bank account could be garnished as could any receivables if the Plaintiff knows who the customers of the business are.

WRIT OF SEIZURE AND SALE

A writ is a court enforcement method that allows a Plaintiff to seize, or encumber, a Defendant’s property and then force the sale of it.  Writs can be used against real property (i.e. land) or personal property (e.g. a car).  Of the two, writs of seizure and sale of land are much more common since going after personal property can be difficult and many types of property are exempt from enforcement.

A Writ of Seizure and Sale of Land may be filed in the jurisdiction where a Defendant resides and it will prevent them from either buying, selling or re-financing a property until and unless the writ is satisfied.

DEBTOR’S EXAMINATIONS

If a Plaintiff has no financial information about a Defendant (technically called the judgment debtor at this point) then a Plaintiff may bring the Defendant to court for a debtor’s examination where the Defendant is required to answer any and all questions regarding their