How to Collect a Small Claims Judgment When They Won’t Pay

Post-Judgment Collection Guide 2026

You Won. Now Make Them Actually Pay.

Winning a small claims judgment is only half the battle. If the debtor is ignoring the court order, you are not out of options. This guide covers every legal tool available to collect your money, from wage garnishment and bank levies to property liens and debtor examinations.

6 enforcement methods. Step-by-step process. All 50 states covered.

Wage Garnishment Rules
Bank Levy Process
Property Liens Explained
Updated for 2026
30 Days Before Enforcement
25% Max Wages Garnished
20yr Judgment Stays Valid
10% Post-Judgment Interest — CA
Quick Answer

If someone refuses to pay a small claims judgment, you have several court-backed enforcement tools available. First send a written payment demand. Then locate their assets through a debtor examination. From there you can garnish their wages, levy their bank account, or place a lien on their property. The court does not collect for you — but it gives you the legal authority to do it yourself. See our Small Claims Court Guide if you have not yet filed your case.

How to Collect an Unpaid Judgment

Click any step to expand details

1
Wait Out the Appeal Period
First Step

After the judge rules in your favor, a mandatory 30-day waiting period begins in most states. During this window the debtor may appeal or file a motion to vacate. You cannot begin formal enforcement until that window closes and no appeal has been filed.

Judgments Do Not Expire Immediately

Most small claims judgments remain valid for 5 to 20 years depending on the state, and many states allow renewal before expiration for another full term. Even if the debtor has nothing today, their financial situation can change. Mark your calendar well before the expiration date so you do not miss the renewal window.

Four Main Enforcement Methods

Choose the right tool based on what the debtor owns

Wage Garnishment

Up to 25 percent of disposable earnings withheld from each paycheck until the full judgment is paid. Best for employed debtors with steady income. Not available in Texas, Pennsylvania, North Carolina, and South Carolina for consumer debts.

Bank Account Levy

Seizes funds from the debtor’s bank account on a specific date. A one-time action but can be repeated. Exempt funds include Social Security, disability benefits, and child support payments received by the debtor.

Property Lien

Filed against real estate the debtor owns. Prevents sale or refinancing until your judgment is paid. File the abstract of judgment in every county where they own property. Slower but extremely powerful for long-term collection.

Debtor’s Examination

A court hearing where the debtor appears under oath and answers questions about their assets, income, bank accounts, and property. Giving false answers is perjury. Many debtors agree to a payment plan to avoid this hearing entirely.

Critical Facts About Judgment Collection

What most people do not find out until it is too late

Court Does Not Collect for You

Winning a judgment means the court agreed you are owed money. It does not mean the court will make them pay. Enforcement is entirely your responsibility as the judgment creditor.

Interest Accrues While You Wait

Post-judgment interest accrues automatically from the date of judgment. California charges 10 percent per year. New York charges 9 percent. The growing balance can motivate faster payment.

Judgments No Longer Hit Credit Reports

Since 2017, civil judgments no longer appear on Equifax, Experian, or TransUnion reports. However, judgments remain in permanent court public records that lenders, landlords, and employers routinely search.

Four States Block Wage Garnishment

Texas, Pennsylvania, North Carolina, and South Carolina do not allow wage garnishment for consumer debt judgments. If you are in one of these states, bank levies and property liens are your primary enforcement tools.

Judgment-Proof Debtors Are Not Forever

If the debtor has no assets today, your judgment does not disappear. Most judgments are valid for 5 to 20 years and can be renewed. Check public records every 6 to 12 months for new employment or property purchases.

Release Liens Once Paid

Once you collect the full judgment, you are legally required to file a Satisfaction of Judgment with the court and release any property liens. Failing to do so promptly can expose you to penalties in some states.

Ready to Read the Full Collection Guide?

Asset discovery, post-judgment interest rates by state, what to do when the debtor has nothing, and step-by-step instructions for every enforcement method.

Read the Complete Guide ↓

This section is for general educational purposes only and does not constitute legal advice. Judgment collection rules vary by state. Consult a licensed attorney or your local court self-help center for guidance specific to your situation.

What Happens After You Win a Small Claims Case

Once the judge rules in your favor, two legal terms immediately apply to your situation:

  • Judgment Creditor: You. The person who is owed money under the court order.
  • Judgment Debtor: The other party. The person or business that owes you money.

The court issues a document called the Notice of Entry of Judgment. This is mailed to both parties. From the date that notice is mailed, a mandatory waiting period begins. In most states, this period is 30 days. During that window, the debtor has the right to appeal the judgment or file a motion to vacate it.

You cannot begin formal enforcement actions until that window closes. Once it does and no appeal has been filed, you are legally authorized to pursue collection.

Can You Sue Someone Again If They Refuse to Pay the Judgment?

No you cannot file a new lawsuit for the same debt. Once the judge has already ruled in your favor, the matter is considered “res judicata” (already decided). Filing another lawsuit would be dismissed in other words you cannot sue someone again. Instead, you use the powerful post-judgment collection tools explained in this guide (wage garnishment, bank levies, property liens, debtor exams, etc.).

Send a Written Payment Demand Letter

Before spending any money on formal collection tools, send the debtor a direct written demand. This costs almost nothing and works more often than people expect.

Your demand letter should include the following:

  • The full judgment amount including any court-awarded costs
  • The name of the court and the case number
  • A clear deadline for payment, typically 10 to 14 days from the date of the letter
  • A notice that the judgment is a matter of permanent public record visible to lenders, landlords, and employers through public record searches
  • A statement that you are prepared to pursue wage garnishment, bank levy, or a property lien if payment is not received

One important correction many sources get wrong: civil judgments no longer appear on credit reports from Equifax, Experian, or TransUnion. That policy changed in 2017. However, the judgment does remain in court public records indefinitely, and lenders, mortgage companies, and landlords routinely search those records. That is still a meaningful consequence worth including in your letter.

Send the letter by both regular mail and certified mail with return receipt. Keep a copy of everything for your records.

Many debtors pay at this stage. The combination of a formal tone, a hard deadline, and the knowledge that the judgment is permanently searchable in public records is enough to motivate a significant number of people to act. If the debtor responds and says they cannot afford to pay the full amount at once, consider a written payment plan. Spell out the payment schedule, the amount due each month, and what enforcement action you will take if they miss a payment.

Locate the Debtor’s Assets

If the demand letter produces no result, your next move is to find out what the debtor actually owns. This step is often called asset discovery, and it is the foundation of every enforcement method that follows. You cannot garnish wages without knowing their employer. You cannot levy a bank account without knowing where they bank. You cannot place a property lien without knowing if they own real estate.

There are two main tools for how to find debtor assets.

Judgment Debtor’s Statement of Assets

In many states, the court automatically requires the debtor to complete this form within 30 days of the judgment being entered. The form asks for detailed information including:

  • Current employer name and address
  • Monthly income and pay schedule
  • Bank name, branch, and account type
  • Real property owned and its location
  • Vehicles owned including make, model, and VIN
  • Other significant assets such as investments or business interests

If the debtor fails to return this form, report that failure to the court clerk. Ignoring a court-required form can result in the debtor being held in contempt of court, which carries its own penalties.

Debtor’s Examination (Judgment Debtor Exam)

If you need more information than the asset form provides, or if the debtor never returned it, you can request a debtor’s examination. This is a court hearing where the debtor must appear in person, sit under oath, and answer your questions about their finances.

At the examination, you can require the debtor to bring supporting documents such as:

  • Recent pay stubs
  • Bank statements from the past three to six months
  • Federal tax returns
  • Mortgage or lease agreements
  • Vehicle titles

Because the debtor is under oath, giving false answers is perjury. Contempt of court for an unpaid judgment becomes a real possibility if they refuse to appear or lie during the exam. Many debtors agree to a payment plan rather than face this hearing. To schedule the exam, file a motion with the court and then have the debtor formally served with the hearing date and any document requirements.

Obtain a Writ of Execution

A writ of execution is the court order that authorizes an official, usually a county sheriff or marshal, to take action against the debtor’s assets. Without this document, no wage garnishment, no bank account levy, and no seizure of personal property can legally happen. Understanding the writ of execution process is essential before taking any direct enforcement action.

To get a writ of execution:

  • Go to the court clerk’s office where your judgment was entered
  • File a request for a writ of execution and pay the filing fee
  • Provide the debtor’s current address and the location of the assets you want to target
  • Deliver the writ to the levying officer in the county where those assets are located

Any fees you pay to obtain and serve the writ are typically added to the total amount the debtor owes you, so keep all receipts.

Garnish the Debtor’s Wages

Wage garnishment is often the most reliable enforcement tool for collecting an unpaid judgment. If the debtor is employed, a court-issued earnings withholding order requires their employer to deduct a portion of each paycheck and send it to the levying officer, who forwards it to you.

Federal Wage Garnishment Limits

Debtor’s Disposable Weekly Earnings

Maximum That Can Be Garnished

Less than $217.50

Nothing

Between $217.50 and $290

Amount above $217.50

25% of disposable earnings

More than $290

These are the federal minimums under the Consumer Credit Protection Act. Some states set lower garnishment limits that are more protective of the debtor. Always check your specific state’s rules before filing.

States That Do Not Allow Wage Garnishment for Consumer Debts

Wage garnishment is not available everywhere. The following states either prohibit it entirely or have very narrow exceptions for consumer debt judgments:

  • Texas
  • Pennsylvania
  • North Carolina
  • South Carolina

If you live in one of these states, you will need to rely on bank levies, property liens, or other enforcement tools instead. Child support and tax debts are handled differently and may still be subject to garnishment in these states. The garnishment continues with each pay period until your full judgment balance is collected. You do not need to renew it after each paycheck.

Garnish the Debtor’s Bank Account

A bank account levy, sometimes called a bank garnishment, allows you to seize funds directly from the debtor’s account. With a writ of execution and the debtor’s bank information, the sheriff visits the bank and instructs them to freeze and transfer available funds up to the amount of your judgment. Key facts to know about bank account levies:

  • A levy is a one-time snapshot of what is in the account on the day it is executed
  • If the account does not have enough funds, you can repeat the levy at a later date
  • Certain funds are exempt from levy including Social Security payments, disability benefits, and child support payments received by the debtor
  • The debtor has the right to file a claim of exemption if protected funds are in the account
  • You may need to know the specific bank branch to serve the levy correctly

Bank levies work best when you have solid information about where the debtor banks. This is another reason why the debtor’s examination is so valuable for asset discovery.

Place a Judgment Lien on Their Property

If the debtor owns real estate, you can record a judgment lien on property by filing an abstract of judgment with the county recorder or land records office in the county where the property is located. An abstract of judgment is simply a certified summary of your court judgment that gets recorded in the county’s property records.

A recorded judgment lien on property means:

  • The debtor cannot sell the property without first paying your judgment
  • The debtor cannot refinance the property without clearing the lien
  • If the property is foreclosed, you may receive payment from the proceeds depending on lien priority
  • The lien attaches automatically to any real property the debtor owns in that county

This is a slower method because you may not receive payment until the debtor eventually sells or refinances. But it is extremely powerful because it ties up their most valuable asset until the debt is resolved. If you believe the debtor owns property in multiple counties, file your abstract of judgment in each of those counties.

Comparison of Main Enforcement Methods

Method

Best For

Speed

Requires

Wage Garnishment

Employed debtors with steady income

Medium, ongoing per paycheck

Employer name and address

Bank Account Levy

Debtors with funds in a known account

Fast, one-time action

Bank name and branch

Judgment Lien on Property

Debtors who own real estate

Slow, until sale or refinance

Abstract of judgment filed in correct county

Debtor’s Examination

Discovering hidden or unknown assets

Medium, requires court scheduling

Court filing and proper service

Additional Enforcement Options

Wage garnishment, bank levies, and property liens cover most situations. But if those methods have not produced results, or if the debtor’s circumstances make them unavailable, you have additional pressure tools worth knowing. Each of the options below applies in specific situations and can be used alongside the primary enforcement methods rather than instead of them

Driver’s License Suspension

In many states, if your judgment arose from a motor vehicle accident or an incident involving the debtor’s vehicle, you can request that the court suspend the debtor’s driver’s license and vehicle registration. This typically requires the judgment to be over a minimum amount, often around $1,000, and unpaid for a set number of days. Requirements vary by state, so contact the court clerk to confirm whether this option is available to you and how to apply.

Seizing Personal Property

In addition to bank accounts and wages, the sheriff may be authorized to seize and sell the debtor’s personal property such as vehicles, jewelry, electronics, or business equipment. Some property is exempt under state law, but a levy on non-exempt personal property can be effective when other methods have failed. Work with the levying officer to identify what property is eligible for seizure and how the auction process works in your county.

Collecting a Judgment Against a Business or LLC

If the judgment is against a business rather than an individual, the same enforcement tools generally apply. You can levy the business’s bank accounts, place liens on business-owned real estate, and garnish payments owed to the business by third parties. Collecting a judgment from an LLC can be more complex because the business structure may shield the owner’s personal assets. If the business has no assets, consult an attorney about whether the owner can be personally held responsible through a process called piercing the corporate veil.

Business License Complaints

If the judgment debtor operates a licensed business, filing a complaint with the state licensing board can put additional pressure on them to pay. In many states, an unsatisfied court judgment is grounds for the licensing authority to:

  • Suspend the business license
  • Deny license renewal
  • Require payment as a condition of remaining licensed

This approach is especially useful when the debtor is a contractor, real estate agent, or any other professional who depends on a state license to operate.

Assigning the Judgment to a Collection Agency

If you do not want to handle enforcement yourself, you can assign your judgment to a professional collection agency. The agency takes over all collection efforts and keeps a percentage of whatever they recover, usually between 25 and 50 percent. This makes sense when the judgment amount is large enough that a partial recovery is still worthwhile, when you have already exhausted the simpler methods without success, or when you do not have the time or resources to manage ongoing enforcement. Make sure any assignment agreement is in writing and clearly spells out the agency’s percentage, the scope of their authority, and how and when you will receive your share.

What If the Debtor Is Judgment Proof

A debtor is considered judgment proof when they have no income that can be garnished, no bank funds worth levying, and no property to lien. This often applies to someone who is unemployed, receives only exempt income like Social Security, and owns nothing of value in their name.

If this describes the debtor in your case, your short-term options are limited. But your judgment does not disappear. Here is what you need to know:

  • Most small claims judgments remain valid for 5 to 20 years depending on the state
  • Many states allow you to renew a small claims judgment before it expires, often for another full term. Also read our guide on small claims court limits by state
  • If the debtor gets a new job, inherits money, or purchases property, you can resume collection at that time
  • Periodically running a public records search for new employment or property purchases is worth doing every six to twelve months
  • Mark your calendar well ahead of the expiration date so you do not miss the window to renew

Document everything and never assume a judgment proof debtor will stay that way forever. People’s financial situations change.

Post-Judgment Interest: Money That Keeps Growing

From the date the judgment is entered, most states allow you to collect interest on the unpaid balance. This is called post-judgment interest and it accrues automatically whether or not you are actively pursuing collection at any given moment.

State

Post-Judgment Interest Rate

California

10% per year

New York

9% per year

Texas

Prime rate as published by the Federal Reserve (minimum 5%)

Florida

Set quarterly by the Chief Financial Officer

Illinois

9% per year

These rates apply to state court judgments. Federal court judgments use a separate rate based on Treasury bill yields. Always include accrued post-judgment interest and any collection costs when calculating how much the debtor currently owes you. The growing balance can also motivate the debtor to settle sooner rather than later.

What to Do When You Have Been Fully Paid

Once you collect the full judgment amount, you have a legal obligation to notify the court and release any liens you recorded. Failing to do this promptly can expose you to penalties in some states and create legal problems for the debtor if they try to sell or refinance property.

Here is what to do after receiving full payment:

  • File an Acknowledgment of Satisfaction of Judgment with the court clerk within the deadline your state requires, which typically ranges from 10 to 30 days depending on the state
  • If you recorded a judgment lien on property, file a lien release with the same county recorder’s office where the abstract of judgment was originally filed
  • Notify any levying officers who are still holding an active writ that the judgment has been satisfied
  • Keep copies of all satisfaction documents for your own records

Frequently Asked Questions

It depends on your state. Most judgments remain valid for 5 to 10 years, and many can be renewed. Check your state’s rules well before the expiration date and take action to renew the judgment in time if collection is still ongoing.

Not for simply failing to pay a money judgment. However, contempt of court for an unpaid judgment becomes a possibility if the debtor is ordered to appear at a debtor’s examination and refuses to show up, or if they appear and lie under oath. Contempt of court can result in fines or in some cases jail time.

No. Since July 2017, civil judgments no longer appear on consumer credit reports from Equifax, Experian, or TransUnion. However, the judgment remains a permanent public record that lenders, landlords, and employers can find through public record searches and services like LexisNexis. Mortgage lenders in particular search public records extensively and will often require an unsatisfied judgment to be paid before approving a loan.

If the debtor files for bankruptcy, an automatic stay goes into effect immediately. This stops all collection activity including garnishments and levies. Depending on the type of bankruptcy and the nature of your claim, your judgment may be discharged. Consult an attorney as soon as you receive notice of a bankruptcy filing.

Yes, but it requires an additional step. You must domesticate your judgment in the debtor’s state by registering it with a court there. Once it is recognized in that state, you can use that state’s collection tools to pursue wages, bank accounts, and property.

Sources and References

  1. uscourts.gov: Civil judgment enforcement and writ of execution process: https://www.uscourts.gov/services-forms/fees/court-fees
  2. consumerfinance.gov: Wage garnishment rules and exempt income protections: https://www.consumerfinance.gov/consumer-tools/debt-collection
  3. dol.gov: Federal wage garnishment limits under the Consumer Credit Protection Act: https://www.dol.gov/agencies/whd/wage-garnishment
  4. ftc.gov: Debt collection rights and judgment enforcement: https://consumer.ftc.gov/articles/debt-collection
  5. law.cornell.edu: Writ of execution, judgment lien, and garnishment legal definitions: https://www.law.cornell.edu/wex/garnishment
  6. law.cornell.edu: Consumer Credit Protection Act garnishment limits: https://www.law.cornell.edu/uscode/text/15/1673
  7. law.cornell.edu: Judgment lien definition and legal standards: https://www.law.cornell.edu/wex/judgment_lien
  8. law.cornell.edu: Debtor and creditor rights overview: https://www.law.cornell.edu/wex/debtor_and_creditor
  9. courts.ca.gov: California post-judgment collection procedures: https://www.courts.ca.gov/selfhelp-collecting.htm
  10. nycourts.gov: New York judgment enforcement and post-judgment interest: https://www.nycourts.gov/courthelp/money/collectingJudgment.shtml
  11. txcourts.gov: Texas wage garnishment exemption rules: https://www.txcourts.gov/justicecourts
  12. flcourts.gov: Florida judgment collection and post-judgment interest rate: https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Small-Claims
  13. illinoiscourts.gov: Illinois post-judgment interest rate of 9 percent: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-by-the-illinois-supreme-court/civil
  14. courts.michigan.gov: Michigan small claims judgment enforcement procedures: https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc12.pdf
  15. ohiocourts.gov: Ohio judgment collection and garnishment rules: https://www.supremecourt.ohio.gov/JCS/selfHelp/civil/judgmentDebtor
  16. nolo.com: Collecting a small claims judgment step by step: https://www.nolo.com/legal-encyclopedia/collecting-your-small-claims-judgment.html
  17. nolo.com: Judgment lien on real estate explained: https://www.nolo.com/legal-encyclopedia/judgment-liens-on-property.html
  18. nolo.com: How wage garnishment works for creditors: https://www.nolo.com/legal-encyclopedia/wage-garnishment.html
  19. nolo.com: What is a judgment debtor examination: https://www.nolo.com/legal-encyclopedia/judgment-debtor-examinations.html
  20. nolo.com: How to renew a judgment before it expires: https://www.nolo.com/legal-encyclopedia/renewing-judgment.html
  21. justia.com: State-by-state post-judgment interest rates: https://www.justia.com/judgment/post-judgment-interest
  22. justia.com: Piercing the corporate veil to collect from LLC owners: https://www.justia.com/business-formation/llc/piercing-the-corporate-veil
  23. hg.org: Bank levy process and exempt funds explained: https://www.hg.org/legal-articles/bank-levy-39797.html
  24. hg.org: How to enforce a civil judgment against a business: https://www.hg.org/legal-articles/enforcing-a-judgment-against-a-business-31077.html
  25. americanbar.org: Finding free and low-cost legal help for debt collection: https://www.americanbar.org/groups/legal_services/flh-home
  26. lawhelp.org: Free legal aid for judgment collection by state: https://www.lawhelp.org
  27. lsc.gov: Legal Services Corporation assistance for low-income judgment creditors: https://www.lsc.gov/about-lsc/what-legal-aid
  28. ssa.gov: Social Security benefits exempt from bank levy and garnishment: https://www.ssa.gov/benefits/garnishment
  29. equifax.com: Civil judgments removed from credit reports since 2017: https://www.equifax.com/personal/education/credit/report/articles/-/learn/judgments-and-credit-reports
  30. experian.com: Why civil judgments no longer appear on credit reports: https://www.experian.com/blogs/ask-experian/what-is-a-civil-judgment
  31. adr.org: Using mediation to settle judgment disputes before formal enforcement: https://www.adr.org
  32. uscourts.gov: Bankruptcy and its effect on judgment collection and automatic stay: https://www.uscourts.gov/services-forms/bankruptcy

Similar Posts

Leave a Reply

Your email address will not be published. Required fields are marked *