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Collecting a Court Judgment: You're on Your Own
This article contains a host of useful tips to help you collect what the defendant owes you.
If you win your case, you'll probably feel vindicated by your day in court. After all, the judge saw things your way and awarded you a judgment against the defendant. But unless the defendant pays you voluntarily, your post-trial jubilation may quickly turn to surprise and then dismay: surprise that the court does nothing to make sure the defendant pays you, and dismay at the time, expense and work it takes for you to do it.
To get paid, you or someone you hire must follow specific legal procedures to get money or other assets from the loser (called the judgment debtor). The exact procedural trail you must follow takes slightly different twists and turns in every state, but the following tips should be helpful everywhere.
1. Don't rush it.
Don't be in a hurry to start bugging the defendant to pay up. Most states allow a losing defendant to appeal, so it's usually wise to wait until the appeal deadline (usually 30 days or so) passes before asking for your money. Otherwise, your demand for payment may nudge the defendant into filing an appeal. Appeals threaten your collection chances for two reasons: first, you may lose the appeal, and second, while the appeal is pending, the defendant probably doesn't have to pay you a penny.
2. Don't forget to ask.
A surprising number of debtors will pay once a court judgment is issued -- if you politely ask for the money. A business-like written request often does wonders, especially when it reminds the debtor that an unpaid judgment will probably show up in the debtor's credit file. You can also mention, in general terms, that you plan to take legal measures to collect if payment isn't forthcoming. But don't specify what measures you plan to take -- for instance, garnishing the debtor's wages or seizing a bank account -- since this will give a wary debtor time to thwart your plans.
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