Judgments explained
If you sue someone for money and win, the judgment is the formal legal conclusion reached by the court that says a defendant owes you money. You obtain a judgment against the defendant once a judge or jury decides the case in your favor. The judgment is typically a written court order.
The plaintiff is the person who files a lawsuit against a defendant. After a judgment is entered, the plaintiff is called the creditor. The defendant is then called the debtor.
If a debtor refuses to pay a judgment in your favor, there are several ways to collect the money from the debtor.
Most judgments accrue interest at 9% per annum. In some circ*mstances, you can collect prejudgment interest.
Judgments are valid for seven years, but they can be extended. Read more about how long judgments last and how to revive them.
Federal and out-of-state court judgments
Federal court judgments and judgments from other states must first be domesticated in state court. You can domesticate a judgment by filing an authenticated copy with the clerk of court. Different rules apply to collecting child support.
Finality
Before you start this collection process, you should wait 30 days to see if the landlord pays the judgment or files an appeal. If the landlord does not pay in 30 days, the judgment is final and may be enforced immediately.
Payment plans
You can ask the judge to include a payment schedule as part of the judgment. This can be a good idea if you do not think the defendant can pay you all at once.
A payment plan will not guarantee that the debtor will pay you, but it might encourage the debtor to pay you. It also could be helpful later if you decide to file a Rule to Show Cause against the debtor if the debtor does not make the payments.
File a Citation to Discover Assets
To start the collection process, read about filing a Citation to Discover Assetsand then use our Citation to Discover Assets Easy Form. This will allow you to learn what property the debtor owns, and then try to collect against it.
If you decide to file a citation against the debtor directly, you will fill out a Citation to Discover Assets to Debtor. Once you file the citation with the Clerk, you must serve the debtor with a copy of the citation. This means you must deliver a copy to them through the sheriff or a private processor. You cannot give the citation to the debtor yourself.
While completing the citation, you will request a court date from the Clerk, or the Clerk will give you a court date. This is the date when you and the debtor must appear in court. Make sure to bring the information requested in the citation to the court hearing. At the court hearing, you and the debtor will discuss options for repayment and if no payment plan is agreed to, you will request that the judge give you the debtor’s nonexempt assets to satisfy the judgment.
If the debtor does not appear, the judge may issue a Rule to Show Cause. A Rule to Show Cause is a court order requiring the debtor to appear in court at a set date and time. You must have a copy of the Rule to Show Cause served on the debtor by the sheriff or private process server. You must also appear in court at the new date and time. If the debtor does not appear, they may be held in contempt of court.
Garnish the debtor’s wages
Wage garnishment, or wage deduction, is the process of collecting a judgment by requiring the debtor's employer to take money out of the debtor's paycheck. To complete the process, you will need to file a Citation to Discover Assets to Debtor’s Employer. Keep in mind that the employer can only take a part of the debtor's paycheck for you. . Read more on wage garnishment basics.
Non-Wage Garnishment
You can also attempt to collect money from the debtor’s bank accounts. This is called levying the bank account. To do so, you file a Citation to Discover Assets to the Debtor’s Bank. Learn more about how to levy money in a debtor’s bank accountand use our easy form to fill out the third-party citation paperwork.
Record the judgment with the Recorder of Deeds
A judgment lien allows you to collect the judgment by selling the debtor’s real estate. The judgment must be recorded with the Recorder of Deeds in the county where the debtor’s real estate is located. This becomes a lien on the debtor’s property. The lien remains in effect for 7 years. You can renew the lien up to 20 years from the date of your judgment. If your judgment is over 27 years old, you cannot enforce it.
If the debtor sells the property, the lien will remain on the home and the debtor will need to pay you to remove it. Or, once the judgment lien is recorded with the county's Recorder of Deeds, you can sue to enforce the lien. Foreclosing on a judgment lien is done in a similar way as a mortgage foreclosure. Read more on enforcing judgment liens against real estate.
