To collect on a civil judgment, you have to identify what the debtor owns, ask the court that entered your judgment for a writ of execution, and direct a levying officer, usually the county sheriff or U.S. Marshal, to garnish wages, seize funds from bank accounts, or place a lien on real estate. The court does not collect for you. The process is straightforward when the debtor holds a steady job and normal bank accounts, and it can stretch on for years when the debtor is self-employed, moves often, or genuinely has little worth taking.
Find Out What the Debtor Has
Enforcement starts with investigation. Filing a bank levy against an empty account or garnishing wages from a job the debtor left six months ago wastes filing fees and officer costs, so knowing where the money actually sits is the difference between a paid judgment and a frustrated one.
Post-judgment discovery is the formal phase that compels the debtor to open their books under penalty of perjury. The most direct tool is the judgment debtor examination, sometimes called a debtor’s exam, where the debtor appears in court and answers questions about income, bank accounts, real estate, vehicles, and any other property of value. If the debtor fails to show, the court can hold them in contempt and issue a bench warrant. That threat alone motivates most debtors to cooperate.
You can also serve written interrogatories, which the debtor must answer in writing, typically within 30 days. Interrogatories work well for pinning down pay schedules, account numbers, and business interests without the cost of a courtroom hearing. Subpoenas to third parties are another strong option. One served on the debtor’s bank produces account statements and balances; one served on an employer confirms wages, pay frequency, and existing garnishments.
Public records fill gaps the debtor might try to hide. County recorder offices reveal real estate holdings and existing mortgages. Motor vehicle records show titled vehicles, boats, and trailers. Tax liens and UCC filings can expose business equipment, inventory, or partnership interests.
What You Cannot Take
Not everything a debtor owns is fair game. Federal and state exemption laws carve out categories of income and property that creditors cannot reach, and targeting exempt assets accomplishes nothing except running up your own costs.
For wage garnishment, federal law caps the amount at the lesser of two calculations: 25% of the debtor’s disposable earnings for the week, or the amount by which those earnings exceed 30 times the federal minimum wage. With the federal minimum wage at $7.25 per hour, weekly disposable earnings of $217.50 or less are completely off-limits. A debtor earning $300 per week in disposable pay could have only $32.50 garnished, because that is the amount exceeding the $217.50 floor, which is less than 25% of $300. Many states set lower garnishment limits, so the actual amount you can intercept depends on where the debtor works.1Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment There is no federal percentage cap for garnishments related to tax debts or bankruptcy orders under Chapter 13.2eCFR. 5 CFR 582.402 – Maximum Garnishment Limitations
Certain income streams are almost fully protected. Social Security benefits generally cannot be garnished for ordinary civil judgments. The same protection applies to Supplemental Security Income, Veterans Affairs benefits, and most other federal benefit payments. Exceptions exist for child support, alimony, federal tax debts, and certain debts owed to federal agencies, but a standard breach-of-contract or personal injury judgment will not reach these funds.3Social Security Administration. Can My Social Security Benefits Be Garnished or Levied?
When federal benefits land in a bank account, the bank must automatically protect two months’ worth of those deposits from any garnishment order. The bank calculates this protected amount by looking back two months from the date it receives the garnishment and totaling all benefit deposits during that window. The debtor keeps full access to that amount without filing any exemption claim. Only funds exceeding the protected amount can be frozen.4eCFR. 31 CFR Part 212 – Garnishment of Accounts Containing Federal Benefit Payments
Most states also provide a homestead exemption that shields some or all of the equity in the debtor’s primary residence from a forced sale. If the debtor’s equity falls below the state’s exemption limit, you can record a lien against the property but you cannot force a sale. Exemption amounts vary widely, from a few thousand dollars in some states to unlimited protection in a handful of others. Personal property exemptions also protect necessities like clothing, basic household furnishings, and tools of the debtor’s trade up to certain dollar limits.
Choose the Right Collection Tool
Once you know what the debtor has and what is reachable, the next decision is which enforcement mechanism fits the asset.
Wage Garnishment
Wage garnishment directs the debtor’s employer to withhold a portion of each paycheck and send it to you. It is often the most reliable method because it creates a steady stream of payments that continues automatically until the judgment is satisfied. The federal cap described above sets the maximum, and state law may cut it lower.
Bank Levies
A bank levy freezes and seizes funds sitting in the debtor’s checking or savings account. Unlike garnishment, which captures future earnings over time, a levy grabs whatever balance exists on the day the order hits the bank, up to the full judgment amount. The bank freezes the account, applies the automatic federal-benefit protection if applicable, and turns over the remaining non-exempt funds. A levy is a one-time snapshot. If the balance is low that day, you recover little. Creditors who know the debtor’s pay schedule time their levy for the day after payday.
Property Liens
Recording an abstract of judgment against the debtor’s real estate creates a lien that attaches to the property. The debtor cannot sell or refinance without satisfying your judgment first, which makes the lien a powerful long-term collection tool even when immediate payment is out of reach.5Legal Information Institute. Abstract of Judgment In federal civil cases, the lien takes priority over any encumbrance perfected after it.6Office of the Law Revision Counsel. 28 U.S. Code 3201 – Judgment Lien The practical limit is the homestead exemption. If equity is below the exemption, the lien sits and waits. When the debtor eventually sells voluntarily, your lien gets paid from the proceeds.
Till Taps and Keeper Levies
For debtors who own cash-heavy businesses, a till tap authorizes a levying officer to seize cash directly from the register. A keeper levy goes further: the officer stays at the business for a set period, sometimes an entire business day, and collects all incoming cash payments. These tools are aggressive and effective against cash businesses, but they cost more because of the officer’s time on site.7U.S. Marshals Service. Writ of Execution
Personal Property Seizure
Vehicles, equipment, inventory, and other tangible assets can be physically seized by a levying officer and sold at public auction. Proceeds go toward the judgment after deducting the costs of seizure and sale. This works best for high-value items with clear title. Seizing a ten-year-old car with a loan balance that exceeds its value accomplishes nothing.
File the Writ and Send the Officer
Every enforcement action starts with paperwork filed at the court that entered your judgment. Getting the documents right the first time prevents delays that give the debtor time to move money.
The writ of execution is the foundational document. It is a court order directing the levying officer to seize the debtor’s non-exempt property or intercept their income.8Legal Information Institute. Writ of Execution You submit a request to the court clerk with the debtor’s exact legal name, last known address, the original judgment amount, and the total currently owed including post-judgment interest. Any error in the debtor’s name or the calculated balance can result in the clerk rejecting the application or the levy being challenged later.
Post-judgment interest accrues from the date the judgment is entered until it is paid in full. In federal court, the rate tracks the weekly average one-year Treasury yield.9United States Courts. Post-Judgment Interest Rate State courts set their own rates by statute. Your writ must reflect the correct rate and the precise amount of accrued interest as of the filing date. Authorized court costs, including filing fees and prior service fees, are added to the total.
If you are targeting real estate, you also need an abstract of judgment. Once recorded with the county recorder, it creates a lien on any real property the debtor owns in that county. The abstract typically requires the debtor’s identifying information, including a Social Security number or driver’s license number if you have it.
Along with the writ and abstract, prepare detailed written instructions for the levying officer. Specify what you want seized: the bank’s name and branch address for a levy, the employer’s name and payroll address for a garnishment, or the physical location of personal property. Vague instructions produce delays or failed levies.
Once the clerk issues and seals the writ, deliver it to the local levying officer, usually the county sheriff or the U.S. Marshal for federal cases. You will pay an advance deposit. Service fees generally range from $50 to $200 or more depending on the jurisdiction and the type of levy, and keeper levies cost more because of the officer’s time.
The officer serves the garnishment order on the employer or the levy order on the bank, then files a return of service confirming the action. For bank levies, the bank freezes the account and calculates any protected amounts for federal benefit deposits. For wage garnishment, the employer begins withholding from the next available pay period.
After a levy, the debtor typically has a window, often 10 to 30 days depending on the jurisdiction, to file an exemption claim arguing that some or all of the seized funds are legally protected. If a valid claim is filed, a hearing is scheduled and the funds stay frozen until the court rules. If no claim is filed within the deadline, the officer deducts service fees and forwards the remaining balance to you.
Wage garnishment proceeds arrive in installments matching the debtor’s pay cycle. Bank levy proceeds arrive as a lump sum. Track every payment and keep the court informed of the remaining balance. If the initial levy does not satisfy the judgment, you can request additional writs to target other assets. Each new target means a new writ, new instructions, and new officer fees.
If the Debtor’s Assets Are in Another State
Debtors do not always keep their assets in the state where you won. When the debtor lives, works, or holds property elsewhere, you have to domesticate your judgment in that state before you can use its enforcement tools.
The U.S. Constitution requires every state to give full faith and credit to judgments from other states. No state can refuse to recognize a valid judgment, but you still register it locally before garnishing wages or levying accounts there. Nearly every state has adopted the Uniform Enforcement of Foreign Judgments Act, which streamlines the process. You file an authenticated copy of your judgment with the court clerk in the county where the debtor has assets, along with information about the outstanding balance and accrued interest. The debtor gets notice and a limited window to object, but cannot relitigate the underlying case. Challenges are restricted to procedural issues such as whether the original court had jurisdiction or whether the statute of limitations has run.
For federal court judgments, the process is simpler. A certified copy can be registered in any other federal judicial district, and once registered, it carries the same force as if that district’s court had entered it.10Office of the Law Revision Counsel. 28 U.S. Code 1963 – Registration of Judgments for Enforcement in Other Districts
Domestication adds filing fees and possibly attorney costs in the new state. Move quickly: a debtor who senses a judgment coming may relocate funds.
If Other Creditors Are Chasing the Same Money
You are rarely the only creditor. When more than one is pursuing the same assets, priority rules decide who gets paid first.
For judgment liens on real property, the general rule is first in time, first in right. The creditor who records their lien earliest has priority over creditors who record later.11Legal Information Institute. Judgment Lien Speed matters. Recording your abstract of judgment the same day you receive it can be the difference between getting paid and standing in line. Pre-existing liens, including mortgages and tax liens, take priority over your judgment lien regardless of when you record.
For wage garnishments, most jurisdictions follow a similar first-in-time approach, but existing child support orders take statutory priority over civil judgment garnishments. If the debtor is already at the maximum garnishment percentage for child support, your garnishment may have to wait until that obligation is reduced or satisfied.
If the Debtor Files Bankruptcy
A bankruptcy filing triggers an automatic stay that immediately halts virtually all collection activity. Stop garnishments, cancel pending levies, and take no new enforcement action the moment you learn of the filing. Violating the stay can result in sanctions and liability for damages.12Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay
The stay does not necessarily wipe out your judgment. In Chapter 7, the debtor’s non-exempt assets are sold and proceeds distributed by priority, and secured claims, including valid judgment liens on property, fare better than unsecured claims. In Chapter 13, the debtor proposes a repayment plan over three to five years, and you may receive partial payment through it.
If you believe the stay is unfair in your case, you can file a motion asking the bankruptcy court to lift it. Courts grant these when the creditor shows cause, such as when the debtor filed primarily to delay collection rather than for legitimate reorganization. Child support creditors can generally continue collection actions even during bankruptcy. Serial filers face limits: courts can modify or deny the stay entirely.
If the Debtor Has Nothing to Take
A judgment is only as valuable as the debtor’s ability to pay. Some debtors are effectively judgment-proof: their income is fully exempt and they own no non-exempt assets. A debtor living solely on Social Security with no real estate, no vehicle of significant value, and no bank balance beyond the protected amount fits this description. You can hold the judgment, but no enforcement tool will produce money.
Circumstances change. The debtor may get a job, inherit property, or start a business. Because judgments can be renewed, a patient creditor may eventually collect years later. The question is whether to spend money on enforcement now or wait. Filing writs and paying officer fees against a debtor with no attachable assets just burns through your own resources. A public records search every year or two lets you monitor without heavy spending, and when new assets appear you can move quickly with a fresh writ.
Keep the Judgment Alive, Then Close It Out
Civil judgments do not last forever. Every state sets an expiration period, ranging from as few as 3 years to as long as 21, with 10 years the most common. If you have not collected the full amount before the judgment expires, you lose the right to enforce it unless you renew.
Renewal procedures vary but generally require filing an affidavit or motion with the court before the expiration date. The affidavit identifies the original judgment, states the amount still owed including accrued interest and any payments received, and confirms that no defenses have been raised. Missing the renewal deadline is one of the most expensive mistakes a creditor can make, because a lapsed judgment is usually gone for good. Set calendar reminders well in advance.
Once the debtor has paid in full, including accrued interest and enforceable costs, you are legally required to file an acknowledgment of satisfaction of judgment with the court.13Legal Information Institute. Satisfaction of Judgment This tells the court and the public that the debt is resolved and releases any liens you have recorded against the debtor’s property. Failing to file promptly can expose you to penalties in many jurisdictions and leaves the debtor with a cloud on their title that interferes with sales and financing.