How to Actually Collect After a Judgment
Winning your case and getting paid are two separate steps. A judgment is the court's decision that the person owes you money — but the court doesn't collect it for you; that part is up to you. You have several tools to do it: ask for payment or set up a payment plan, request a debtor's exam to identify their assets, garnish wages, levy a bank account, or place a lien on their property. Here's how each one works, and the order to try them in. For your state's specifics, see your state's small claims guide.
How collecting works
A judgment is a court order that you're owed money. Collecting it is a separate process that you start — the court doesn't do it for you. The law gives you specific, enforceable tools, and the steps below run from the simplest approach to the most forceful. Start at the top: many people pay once they see the judgment is enforceable, so you may be able to collect without the stronger tools. Some won't pay, and collection can take persistence.
Step 1 — Wait out the appeal period
Right after the judgment, the other person usually has a set window to either pay or appeal. Hold off on aggressive collection until that window closes. If they appeal, the case can go to a higher court; if they don't appeal and don't pay, you're clear to start collecting.
This waiting period varies by state, and so does the interest your judgment may earn while it's unpaid — so check your state's small claims guide and confirm judgment interest with the court rather than assuming a number.
Step 2 — Ask first (and offer a payment plan)
Don't skip the most direct move. Send the person a short letter with a copy of the judgment, asking for payment by a specific date. Some people pay at this point, once they see the judgment is real and the court is behind it. If they can't pay all at once, offering a payment plan is often smarter than chasing them — some money on a schedule beats a fight that drags on.
Put any agreement in writing. If they pay in full, you'll file paperwork telling the court the judgment is satisfied — a step that matters for them and keeps your record clean.
Step 3 — Find out what they have (the debtor's exam)
If they won't pay and you don't know what they own or where they bank, you can ask the court to order a debtor's exam (also called a debtor's examination or asset disclosure). The person has to appear and answer questions under oath about their income, bank accounts, employer, and property. If they don't show up, the court can take that seriously — in many places it can issue a warrant.
This is the step that powers everything after it. You can't garnish a paycheck if you don't know where they work, or levy an account if you don't know their bank. The exam fills in those blanks.
Your collection tools, explained
Once you know what the person has, these are the enforcement tools courts commonly offer. Which ones are available, the limits, and the exact forms vary a lot by state — so use these as the map, and get the specifics from your state's small claims guide and clerk.
Wage garnishment
The court orders the person's employer to withhold part of each paycheck and send it to you until the judgment is paid. You'll need to know where they work. Federal law caps how much can be taken, and some states restrict or don't allow wage garnishment for these debts — so this one is especially state-dependent.
Bank levy
The court orders the person's bank to freeze and hand over money in their account, up to what's owed. You'll need to know which bank they use (the debtor's exam helps here). A sheriff or marshal usually carries it out. Note that certain funds — like Social Security and some benefits — are generally protected from collection. The specifics and exceptions vary, so confirm before you target an account.
Property lien
You attach a lien to real property the person owns, like a house or land. They generally can't sell or refinance it without paying you first. You record the lien with the county. The trade-off: you might not see money until they sell, which could be a long wait — but it's strong, patient leverage.
Till tap or business levy
If the person is a business, some states let a sheriff collect cash directly from the register or business assets up to what's owed. Useful for cash businesses that are otherwise hard to pin down. Availability varies by state.
What to expect
- Start by asking. Once the appeal window closes, your first move is to contact the person with a copy of the judgment and clear instructions for how and where to pay, by a set date. Some people pay once asked — it's often the quickest, lowest-cost route, so it's a sensible place to start.
- Getting paid isn't automatic — but you have real tools to make it happen. A judgment gives you legal leverage: depending on your state, you may be able to garnish wages, levy a bank account, or place a lien. The key is knowing where the person works and banks — which is exactly what the debtor's exam is for. It takes some follow-through, and it's harder when someone truly can't pay or can't be found, but steady persistence is what gets many people paid.
- You may have to advance some costs. Sheriffs and filings charge fees; many states let you add recoverable collection costs and interest to what's owed — confirm with your court.
- A judgment doesn't expire right away. Judgments usually stay valid for years and can often be renewed, and an unpaid judgment may earn interest — but the lifespan, renewal process, and rate vary by state, so confirm yours rather than assuming. Even if the person can't pay today, you may be able to collect later when their situation changes.
- Some people genuinely can't pay. If someone has no job, no assets, and only protected income, collection may have to wait — but your judgment can stay valid for years, so you may be able to collect later when their situation changes.
What trips people up (and how to avoid it)
- Thinking the win is the end. The judgment is permission to collect, not the money. Plan for the collection step from the start.
- Waiting for the court to act. It won't. Every collection step is something you initiate.
- Trying to garnish or levy blind. Without knowing the employer or bank, these tools stall. Use the debtor's exam first.
- Going straight to the heavy tools. A simple demand letter or a payment plan often gets you paid sooner and at lower cost.
- Trying to take protected money. Social Security, certain benefits, and some wage amounts are exempt. Targeting them wastes time and can backfire.
- Letting the judgment go stale. Note its expiration and renewal deadline so a collectible judgment doesn't quietly lapse.
FAQ
Will the court collect the money for me?
No — the court issues the judgment, but collecting is up to you. You do have enforceable tools to do it (covered in this guide).
They say they can't pay. Now what?
Start with a payment plan in writing — some money on a schedule often beats a long fight. If you don't know what they have, ask the court for a debtor's exam to uncover income, accounts, and property you can pursue later. And remember a judgment usually stays good for years, so you may be able to collect when their situation improves.
How do I find out where they work or bank?
Ask the court to order a debtor's exam, where the person answers questions under oath about their income, employer, bank accounts, and property. That information is what makes wage garnishment and bank levies possible.
Can I garnish their wages?
Often, yes — the court orders their employer to withhold part of each paycheck — but it depends heavily on your state. Federal law caps how much can be taken, and some states restrict or don't allow wage garnishment for these debts. Check your state's rules.
How long do I have to collect?
Judgments usually stay valid for years and can often be renewed, and an unpaid one may earn interest. But the exact lifespan, renewal process, and interest rate vary by state, so confirm yours with the court rather than assuming a number.
What if they appeal?
If they appeal within the window after the judgment, the case can move to a higher court before you collect. Wait out that period; once it passes with no appeal and no payment, you're free to begin collection.
Related guides
- How to file a small claims case
- How to serve the person you're suing
- How to prepare for your hearing
- Your state's collection rules and forms
Last updated: June 27, 2026. Reviewed against our Editorial Standards. Collection procedures vary widely by state — your state guide carries the specifics.
This is general information to help you understand the process — not legal advice. Collection tools, limits, exemptions, and judgment rules vary by state and change over time, so always confirm the current requirements with your court before you act.