Judgment liens are created after a judgment is recorded in the local filing office (County Recorder, Recorder of Deeds, County Clerk etc.)

How are Judgements collected?

A simple way to collect a judgment is by deducting money out of the debtor’s paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.

How do you enforce a small claims Judgement?

Possible action:

1. ​You examine the judgment debtor’s income and assets [link to Examination notice].
2. You apply to the court for a garnishee order for debt or wages [link to Garnishee orders].
3. You apply to the court for a writ for levy of property [link to Writ for the levy of property​].

Do I have any Judgements against me?

You can double-check if a judgment was filed by calling the court on the summons. You would need to run a judgment search through a title company or check the county recorders office. You may see a debt with an attorney’s office on your credit report. But you may not know for sure if there’s a judgment against you.

Is a Judgement and a lien the same thing?

The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an “abstract of judgment,” is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor’s property and/or assets.

What percentage of judgments are collected?

Collecting from your wages The creditor has the right to collect up to 25% of the amount over the federal minimum wage that you earn (as long as it is not exempt under other rules). This only works if you are employed by someone else.

What happens if the Judgement debtor doesn’t comply the court order?

If the judgment debtor does not voluntarily follow a judgment and pay money to the judgment creditor (or do whatever else the judgment says should happen), the judgment creditor can apply to the court for orders to have the judgment enforced.

How do I protect my bank account from a Judgement?

A judgment debtor can best protect a bank account by using a bank in a state where the law prohibits garnishment against banking institutions. In that case, the debtor’s money cannot be tied up by a garnishment writ while the debtor litigates exemptions.