Congratulations – you have won your case in small claims court. The judge has issued a judgement against the opposing party, requiring payment to be made to you. Now you have to collect on that judgement – but it is not always as easy as it sounds. Sometimes the other party is reluctant to pay. Below are your options for collecting the money due to you.
First, you need a written document from the court, giving you permission to pursue collection of this debt. The document is often called a writ of garnishment, a writ of execution or a writ of attachment (depending on the court). Once you have the document, you have several options for collecting on the small claims judgement. Note that some options may not be available in your state.
Installments
You can request that the court require the other party to make installment payments to you.
Bank Levy
A bank levy is court order to seize a portion of someone’s bank account. (Tax payments and child support payments are typically protected from being seized.)
Property Lien
If the debtor owns property, you may be given a lien against the property by the court. If he owns a home, you may be able to get a real estate lien against the property. You cannot get your money until the property is sold, unfortunately, so this may not be the best option if you want to get paid soon.
Mechanic’s Lien
If you are owed money for work you did on a construction project, you may be able to get a mechanic’s lien to obtain money due to you.
Wage Garnishment
This is an easy way to collect a debt. You can ask the court to garnish the person’s wages by taking a certain percentage of a person’s pay.
Collections Agency
You can also turn your debt over to a collections agency. This agency will pursue payment for you while taking a percentage of the amount paid to you. This option is usually pursued as a last resort.