How to Collect a Small Claims Court Judgment
Winning your case is only half the battle. The court does not collect money for you — that's your responsibility. Here are your legal tools for getting paid.
Step 1 — Wait for the appeal period
After the judgment, the defendant typically has 10-30 days (varies by state) to appeal or pay. Don't take collection action during this period. If they appeal, the case goes to a higher court for a new trial. If they don't appeal and don't pay, you can begin collection.
Step 2 — Send a payment demand
Send the debtor a letter with a copy of the judgment, requesting payment within 10-15 days. Some people pay at this stage once they realize the judgment is real and enforceable. Include information about interest accruing on the judgment (most states allow 5-10% annual interest on judgments).
Collection tools
Wage garnishment
Court orders the debtor's employer to withhold a portion of each paycheck (usually 25% of disposable income) and send it to you until the judgment is paid. You'll need to know where the debtor works.
Note: Not available in all states for all debt types. Texas and some other states restrict wage garnishment.
Bank levy
Court orders the debtor's bank to freeze and turn over funds in their account up to the judgment amount. You'll need to know which bank the debtor uses. A sheriff or marshal typically handles the levy.
Note: Some funds are exempt (Social Security, disability benefits, etc.).
Property lien
Attach a lien to the debtor's real property (house, land). They can't sell or refinance the property without paying you first. Record the lien with the county recorder's office.
Note: You get paid when they sell, which could be years. But it's strong leverage.
Debtor examination
Ask the court to order the debtor to appear and answer questions under oath about their assets, income, bank accounts, and property. This helps you identify what to garnish or levy.
Note: If the debtor doesn't show up, the court can issue a warrant.
Till tap order
For business debtors: a sheriff goes to the business and takes cash from the register up to the judgment amount. Available in some states.
Note: Effective for cash businesses that are otherwise hard to collect from.
How long do judgments last?
In most states, judgments are valid for 5-20 years and can be renewed. Interest accrues on the unpaid judgment (typically 5-10% per year), so the amount owed grows over time. Even if the debtor can't pay now, you can collect later when their financial situation changes.