Federal Court Judgment Enforcement: Writs, Garnishment, and Liens

Winning in federal court is only the first half of the job. Federal court judgment enforcement is the separate process of turning that paper judgment into actual dollars, and it runs on its own timeline, its own rules, and mostly on state execution procedures borrowed by the federal system. Here is how it works, in the order you will encounter it.

When You Can Start Collecting

You cannot enforce the judgment the moment the gavel comes down. Federal Rule of Civil Procedure 62(a) automatically stays execution for 30 days after the judgment is entered.¹ The court can shorten or lift that window, but it rarely does without a strong reason.

If the losing side appeals, the timing shifts. Under Rule 62(b), the debtor can obtain a longer stay by posting a bond or other security the court approves (sometimes called a supersedeas bond).¹ The bond protects you: if the appeal fails, the bond guarantees payment. But it also freezes your collection efforts for as long as the appeal takes, which can be a year or more. If the debtor appeals without posting a bond, you can generally begin collection once the initial 30-day stay expires.

Interest Keeps Running

Every day you go uncollected, the debt grows. Under 28 U.S.C. § 1961, a federal money judgment accrues interest from the day it is entered, at a rate equal to the weekly average one-year constant maturity Treasury yield for the calendar week before the judgment date. Interest is computed daily and compounds annually until paid.² Every writ or garnishment you issue needs to reflect the current total: principal, accrued interest, and any costs the court awarded.

State Law Runs Most of the Machinery

This is the part that catches most creditors off guard. Rule 69(a)(1) says a money judgment is enforced by a writ of execution, and the procedure must follow the law of the state where the federal court sits.³ Federal statutes override where they apply, but for the mechanics of levying on property, garnishing wages, or freezing accounts, you are usually working out of your state’s execution statute.

Exemptions, timelines, notice requirements, and sale procedures therefore vary by district. A creditor enforcing in a Florida federal court is not operating under the same rules as one in a New York federal court. A local attorney who knows both the federal framework and the state execution rules in your district is close to essential.

Finding the Debtor’s Assets

A judgment is worth only what you can locate and reach. Rule 69(a)(2) gives you broad post-judgment discovery: you can use the ordinary federal discovery tools against the debtor or anyone else who may have relevant information.³

In practice, that means three things. Post-judgment interrogatories are written questions the debtor must answer under oath about income, accounts, real estate, vehicles, and business interests. Requests for production force the debtor to hand over bank statements, tax returns, and deeds. Depositions let you question the debtor in person about inconsistencies, employment, ownership structures, and hidden accounts.

You are not stuck with only what the debtor tells you. Rule 45 subpoenas let you compel banks, employers, brokerages, and other third parties to produce financial records. The subpoena issues from the court where the action is pending and can command production at a location within 100 miles of where the recipient lives or works.⁴ When you suspect the debtor is being less than honest, subpoenas to their banks are almost always more reliable than their own answers.

The Collection Tools

Writ of Execution

The writ of execution is the primary enforcement instrument. It directs a law enforcement officer to seize the debtor’s non-exempt property and sell it at public auction to satisfy the judgment.³ Vehicles, equipment, and inventory are common targets. Notice to the debtor, the levy process, and the mechanics of the sale all follow state law.

Wage Garnishment

A garnishment served on the debtor’s employer forces the employer to withhold part of each paycheck. Federal law caps how much, regardless of state. Under the Consumer Credit Protection Act, the maximum is the lesser of 25% of the debtor’s disposable earnings for the week, or the amount by which those earnings exceed 30 times the federal minimum wage of $7.25 per hour, which sets a protected floor of $217.50 per week.⁵ For a debtor earning $600 in disposable weekly income, the cap is the lesser of $150 (25% of $600) or $382.50 ($600 minus $217.50), which is $150.

Support obligations are treated differently. Garnishment for child support or alimony can reach 50% to 65% of disposable earnings, depending on whether the debtor supports other dependents and whether arrears exceed 12 weeks.⁵ Tax debts and bankruptcy court orders are also outside the standard 25% cap.

Bank Account Garnishment

A writ of garnishment served on a bank freezes the debtor’s accounts up to the amount owed. The bank must hold the funds and respond to the court. This is often the fastest path to real recovery, because a bank levy can capture a lump sum in one action rather than trickling in over months. The prerequisite is knowing where the debtor banks, which is where post-judgment discovery and third-party subpoenas pay off.

Liens on Real Property

Filing an abstract of judgment in the county where the debtor owns real estate creates a lien that attaches to the property. The debtor cannot cleanly sell or refinance without satisfying it out of the proceeds. It is slow money — you may wait years — but it is durable, and the procedure follows state law under Rule 69.

Assets You Cannot Reach

Not everything the debtor owns is available. Several categories are protected by federal law, and state exemptions add more on top.

Social Security benefits are broadly shielded. Under 42 U.S.C. § 407, Social Security payments are not subject to execution, levy, attachment, garnishment, or other legal process.⁶ Veterans’ benefits carry similar protection under 38 U.S.C. § 5301, which insulates VA payments from creditor claims and from attachment or levy.⁷ ERISA-qualified retirement plans, including 401(k)s and pensions, are generally protected from judgment creditors under ERISA’s anti-alienation rules.

Because enforcement follows state law, the debtor also gets whatever exemptions that state provides. Common ones include homestead equity in a primary residence, a vehicle up to a set value, household goods, and tools of the trade. Some states are considerably more debtor-friendly than others. Confirm what applies in your district before spending money chasing assets you cannot legally take.

Working With the U.S. Marshals Service

In federal court, the U.S. Marshals Service handles the physical enforcement of writs. A specially appointed person can serve in that role if the court approves one under Rule 4.1(a), and some districts actively look for alternative servers when the task is simple.⁸ For most creditors, though, the process starts by completing Form USM-285, the Process Receipt and Return, which tells the Marshal what to do and where the assets are.⁹

Expect to pay upfront. The Marshals Service requires an advance deposit for out-of-pocket costs such as storing seized property and advertising an auction. When seizing tangible property whose ownership might be contested, the Marshal may also require an indemnity bond to protect the government against wrongful-seizure claims.¹⁰ On top of that, the Marshals Service takes a statutory commission on money recovered: 3% of the first $1,000 and 1.5% of anything above that.¹¹ These costs are usually recoverable from the debtor, but you front them.

Reaching Assets in Another District

Debtors often keep property or accounts in a different federal district than the one that issued the judgment. Under 28 U.S.C. § 1963, you can register a federal money judgment in any other district by filing a certified copy there.¹² One timing rule matters: the judgment must be final, meaning appeals are resolved or the appeal window has closed, unless the original court orders earlier registration for good cause.

You start with Form AO 451, the Clerk’s Certification of a Judgment to be Registered in Another District, obtained from the clerk of the court that entered the judgment.¹³ File the certification in the new district, pay the $52 filing fee, and the judgment carries the same force there as if that court had issued it.¹²

When the Debtor Won’t Cooperate

Some debtors ignore interrogatories, skip depositions, or lie. Federal courts have real leverage. If a debtor disobeys a post-judgment discovery order, you can move for civil contempt. Sanctions can include fines and attorney’s fees, and in extreme cases the court can issue an arrest warrant for a debtor who refuses to appear for a judgment debtor examination. The sanctions are coercive: they continue until compliance.

Debtors who go further and try to move assets out of reach create a different problem. Transferring property to a spouse, relative, or shell company for less than fair value while a judgment is outstanding is a classic fraudulent transfer. Most states have some version of the Uniform Voidable Transactions Act, which lets a creditor ask the court to unwind the transfer and recover the property.

If the Debtor Files Bankruptcy

This is the scenario every judgment creditor fears. The instant a bankruptcy petition is filed, 11 U.S.C. § 362 imposes an automatic stay that halts nearly all collection activity. Stop enforcement, garnishments, and levies immediately.¹⁴ Violating the stay, even by accident, can bring sanctions.

The stay lasts until the bankruptcy case is closed, dismissed, or the debtor receives a discharge. If the debt is dischargeable and the debtor completes the process, you may never collect. If the debt falls into a non-dischargeable category, such as fraud-based judgments, certain tax debts, or willful and malicious injury, you can resume collection after the case ends. You can also ask the bankruptcy court for relief from the stay when the debtor has no equity in a particular property and it is not necessary for reorganization.¹⁴

How Long the Judgment Stays Alive

Federal judgments do not last forever, but the window is long. A judgment lien under 28 U.S.C. § 3201 is effective for 20 years. Before that expires, you can file a notice of renewal with court approval and extend the lien for another 20 years, with the renewed lien relating back to the original filing date.¹⁵ That is a potential 40-year enforcement runway.

The practical takeaway: a debtor who is judgment-proof today is not necessarily judgment-proof forever. People buy houses, start businesses, and inherit money. Renewing on time keeps the door open. Letting a valid judgment lapse through inattention is the outcome to avoid.

1
Legal Information Institute. Federal Rules of Civil Procedure Rule 62
2
Office of the Law Revision Counsel. 28 USC 1961 – Interest
3
Legal Information Institute. Federal Rules of Civil Procedure Rule 69 – Execution
4
Legal Information Institute. Rule 45 – Subpoena
5
Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
6
Office of the Law Revision Counsel. 42 USC 407 – Assignment of Benefits
7
Office of the Law Revision Counsel. 38 USC 5301 – Nonassignability and Exempt Status of Benefits
8
United States Marshals Service. Writ of Execution
9
U.S. Marshals Service. USM-285 – Process Receipt and Return
10
United States Marshals Service. USMS Policy Directive 11.1 – Service of Process
11
Office of the Law Revision Counsel. 28 USC 1921 – United States Marshals Fees
12
Office of the Law Revision Counsel. 28 USC 1963 – Registration of Judgments for Enforcement in Other Districts
13
United States Courts. Clerks Certification of a Judgment to be Registered in Another District
14
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
15
Office of the Law Revision Counsel. 28 US Code 3201 – Judgment Liens