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When you sue someone for money, you will need to file a lawsuit with a court to prove that you are entitled to the money.…
Collecting a judgment GuideInternet usage can be tracked. Use this to leave this site immediately. Remember to clear your browser history to hide activity.
Help ILAO open opportunities for justice content blockIf you sue someone for money and win, the judgment is the court order that states a defendant owes you money. You obtain a judgment against the defendant once a judge or jury decides the case in your favor. 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.
Most judgments accrue interest at 9% per annum. In some circumstances, you can collect prejudgment interest. Judgments are valid for seven years, but they can be extended. Read more here about how long judgments last and how to revive them.
If a debtor refuses to pay a judgment in your favor, there are several ways to collect the money from the debtor. The first is by a citation that is sent directly to the debtor, otherwise called a “personal citation.” Another option is by using “third party citations.” They can be sent:
If you decide to file a citation against the debtor directly, you will file a Citation to Discover Assets. This will allow you to learn what money and property the debtor owns, and then try to collect against it. 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. 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.
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.
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 Debtor’s Bank. Learn more about how to levy money in a debtor’s bank account.
A judgment lien allows a creditor to collect a judgment through the sale of 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. Enforcing or foreclosing on the judgment lien is done the same way as a mortgage foreclosure. Read more on enforcing judgment liens against real estate.