🏛️ How to Collect a Small Claims Judgment: The Complete 2026 Guide

You Won Your Case — Now Here is How to Actually Get Paid

📖 Understanding Your Small Claims Judgment

A small claims judgment is a court order that officially declares one party owes money to another. When the judge rules in your favor, you become the judgment creditor (the person owed money) and the person who lost becomes the judgment debtor (the person who must pay). The judgment specifies the exact dollar amount owed, which typically includes your original claim, court filing fees, and sometimes service of process costs.

Here is where most people get confused and frustrated: a judgment is not a check. The court does not hand you money or force the debtor to pay on the spot. A judgment is a legal determination that gives you the right to use specific enforcement tools to collect. Think of it like a hunting license — it gives you permission to pursue collection, but you still need to do the hunting yourself. The court provides the tools, but the responsibility for actually collecting the money falls entirely on you.

Each state operates its own small claims court system with different maximum claim amounts. Most states allow small claims cases for amounts between $5,000 and $10,000, while states like Tennessee allow up to $25,000 and some others cap at $3,500. Regardless of the amount, once you have a judgment, the collection process works essentially the same way. The key difference is that larger judgments justify more aggressive and expensive enforcement methods.

📝 Essential First Steps Before Collecting

Before launching into collection, you need to complete several critical preliminary steps. Skipping any of these can delay your efforts, waste filing fees, or get your enforcement actions thrown out entirely. Taking an extra week or two to prepare properly can save you months of frustration later.

⏰ Step 1: Wait for the Appeal Period

The judgment debtor has a window of time to appeal the decision or file a motion to vacate. This appeal period typically ranges from 10 to 30 days depending on your state and court rules. During this time, you generally cannot begin collection activity. Some states technically allow enforcement during the appeal window but require you to return funds if the judgment is reversed, which creates more headaches than it solves.

Use this waiting period productively. Start gathering information about the debtor\’s employer, assets, and current address. By the time the appeal window closes and your judgment becomes final and enforceable, you will be ready to move immediately.

📄 Step 2: Get Certified Copies

Contact the court clerk where your judgment was entered and request at least three to five certified copies. Sheriffs, banks, employers, and county recorders all require official certified documents before processing enforcement requests. Regular photocopies will not work. The fee is typically $5 to $25 per copy depending on the jurisdiction, and this cost can be added to the total the debtor owes you.

🧮 Step 3: Calculate the Full Amount Owed

The total amount the debtor owes is more than just the number on the judgment. It includes the original judgment amount, post-judgment interest accruing daily from the date of entry at your state\’s statutory rate (see our judgment interest rates by state guide), all court filing fees, service of process costs, recording fees for liens, sheriff or marshal execution fees, skip tracing and asset search costs in many jurisdictions, and any attorney fees if authorized by contract or statute. Keep detailed records of every dollar you spend on enforcement — most costs are recoverable.

💌 Step 4: Send a Formal Demand Letter

Before resorting to costly legal enforcement, send a formal demand letter. This costs almost nothing and works more often than people expect. Your letter should clearly state the judgment amount and court case number, the current total including post-judgment interest, a payment deadline of 15 to 30 days, and a detailed warning of consequences including wage garnishment, bank levies, property liens, damaged credit, and additional collection costs that will be added to what they owe.

Send it via certified mail with return receipt requested. This creates proof of delivery and confirms the debtor\’s current address. If the letter is returned as undeliverable, you know immediately that you need to locate the debtor before proceeding further.

🔍 Finding the Debtor and Their Assets

This is the single most important section of this entire guide. To collect your judgment you need two pieces of information: where the debtor is and where their money is. Without knowing the debtor\’s current address, you cannot serve enforcement documents. Without knowing their employer, you cannot garnish wages. Without knowing their property holdings, you cannot place liens. Information is the key that unlocks every collection tool.

If the debtor has moved to avoid paying or simply dropped off the map, finding them becomes your first challenge. Here are your options, from free methods to professional services.

🆓 Free Methods to Find Debtor Information

🎯 Professional Skip Tracing — When Free Methods Fail

Free methods work when the debtor has not deliberately tried to hide. When they fail — and they fail frequently with debtors who moved specifically to avoid paying — professional skip tracing becomes essential. Professional skip tracers access databases that are completely unavailable to the general public, including credit header data showing current addresses tied to their Social Security Number, real-time utility connection records revealing where they recently activated services, employment databases linked to income verification systems, vehicle registration records across all 50 states, and cross-referenced associate networks identifying family and contacts who can lead to the debtor.

A comprehensive skip trace from People Locator delivers results in 24 hours or less and typically reveals the debtor\’s verified current address, active phone numbers, current employer name and address, vehicle ownership details, real property across multiple counties, and known relatives and associates.

💼 Wage Garnishment: Collecting From Paychecks

Wage garnishment is the most reliable ongoing collection method. Once served on the debtor\’s employer, a portion of every paycheck is automatically withheld and sent to you until the judgment is fully satisfied. It is essentially a court-ordered direct deposit from the debtor\’s paycheck to your pocket.

📋 Step-by-Step Garnishment Process

🔄 What If the Debtor Quits Their Job?

Some debtors quit specifically to stop garnishment. While this halts current payments, your judgment remains valid. The debt does not go away. Use skip tracing services to monitor for new employment and promptly serve a new garnishment order on the new employer. Many professional skip tracers offer ongoing monitoring that alerts you when a debtor surfaces at a new job.

🏦 Bank Levies: Seizing Account Funds

A bank levy allows you to seize money directly from the debtor\’s bank accounts. Unlike garnishment\’s steady stream of payments, a bank levy is typically a one-time snapshot seizure — whatever is in the account the moment the levy hits is frozen and eventually turned over to you. This makes timing and intelligence critical.

📋 How Bank Levies Work

1. Obtain a Writ of Execution from the court clerk ($20 to $100 filing fee).
2. Identify the debtor\’s bank. An asset search can reveal financial institution connections.
3. Deliver the writ to the sheriff with instructions to levy the specific bank, plus required fees.
4. The sheriff serves the bank. The bank immediately freezes the account up to the judgment amount.
5. The debtor is notified and gets a window (usually 10 to 30 days) to claim exemptions for protected funds.
6. Unclaimed funds are released to the sheriff, who deducts fees and remits the balance to you.

⚠️ Bank Levy Limitations

• Exempt funds: Social Security, disability, veterans benefits, and certain other government payments are protected even after deposit
• Joint accounts: Co-owners who do not owe the debt can claim their portion as exempt, which can significantly reduce recovery
• One-time snapshot: If the account is nearly empty when served, you recover almost nothing. Multiple attempts may be needed.
• Upfront costs: Sheriff fees, bank processing fees ($100 or more at some institutions), and writ fees add up. These are recoverable but you pay them first.

🏠 Property Liens: Securing Your Judgment

A judgment lien is a legal claim attached to the debtor\’s real property. It does not put money in your pocket immediately, but it secures your judgment against the property and guarantees payment when the property is eventually sold or refinanced. In hot real estate markets, liens are particularly powerful because property owners frequently sell or refinance.

📋 How to Place a Judgment Lien

1. Obtain an Abstract of Judgment from the court clerk — a summary document containing your judgment details.
2. Record the abstract with the county recorder in every county where the debtor owns or might own property.
3. The lien attaches to all real property the debtor owns in that county, subject to homestead exemptions (see property exemptions by state).
4. When the property is sold or refinanced, your lien must be paid from the proceeds before clear title transfers.

First, you need to know if the debtor owns property. Use our guide to finding property ownership or order a real property asset search. For a comprehensive look at liens across the country, see our judgment lien guide by state.

📋 Debtor Examinations: Forcing Disclosure Under Oath

A debtor examination (also called supplemental proceedings, judgment debtor exam, or order to appear for examination) is a court-ordered proceeding where the debtor must appear in person and answer questions about their finances under oath. This is one of the most powerful discovery tools available because it forces the debtor to reveal information they would never disclose voluntarily.

❓ What You Can Ask About

For a complete list of the most effective questions, see our debtor examination questions guide. Preparation is everything — order a skip trace and asset search before the exam so you can ask targeted questions and catch inconsistencies.

🔧 Other Collection Methods

🚗 Vehicle Seizure (Till Tap / Personal Property Levy)

In most states, you can direct the sheriff to seize and auction the debtor\’s non-exempt personal property, including vehicles, to satisfy your judgment. The sheriff physically takes possession of the vehicle, stores it, and sells it at public auction. The proceeds (minus sheriff fees and storage costs) go toward your judgment. This method is most effective for vehicles owned free and clear, as financed vehicles have limited equity. Use a vehicle asset search to determine ownership and lien status before pursuing this route.

🔄 Assignment Orders

If the debtor is owed money by someone else (for example, they are a freelancer with outstanding invoices, or they are owed rent from a subtenant), you can ask the court for an assignment order that redirects those payments to you instead. This is particularly useful for self-employed debtors who do not have wages to garnish.

👤 Judgment Debtor\’s Exam + Immediate Levy

In some jurisdictions, you can bring a writ of execution to the debtor\’s examination and, based on their answers, immediately instruct the sheriff to seize personal property or levy bank accounts on the spot. This combination prevents the debtor from moving assets between the examination and enforcement.

🔄 Special Situations and Complications

🚚 Debtor Moved Out of State

If the debtor relocated, you typically need to domesticate your judgment in the new state under the Uniform Enforcement of Foreign Judgments Act. This involves filing your judgment with the new state\’s court and then using that state\’s enforcement tools. See our domesticating foreign judgments guide and collecting debt across state lines for complete instructions. The first step is always locating the debtor — our guide to finding debtors who moved covers the process.

💀 Debtor Filed Bankruptcy

Bankruptcy triggers an automatic stay that immediately halts all collection. However, not all debts are dischargeable. Judgments arising from fraud, embezzlement, willful injury, drunk driving injuries, and certain other causes may survive bankruptcy entirely. Our collecting judgments after bankruptcy guide explains your rights and options.

👻 Debtor Completely Disappeared

When the debtor vanishes — disconnected phone, empty apartment, no forwarding address — professional skip tracing is your fastest path back on track. We locate over 85% of missing debtors in 24 hours or less. See our dedicated guides: judgment debtor disappeared and finding someone who owes money and moved.

🛡️ Debtor Claims to Be Judgment Proof

Some debtors claim they own nothing and earn nothing — that they are judgment proof. While some genuinely have no currently collectible assets, many are hiding resources or will acquire them in the future. Jobs change. Inheritances happen. Businesses launch. Your judgment remains valid for years and is renewable in most states. Periodic asset searches reveal when their situation changes. Watch for signs a debtor is hiding assets.

⚰️ Debtor Passed Away

Your judgment becomes a claim against the debtor\’s estate. File a creditor\’s claim during probate within your state\’s deadline. See our what happens when a judgment debtor dies guide.

💲 Costs and Fees You Can Recover

Every dollar you spend on legitimate enforcement activities can typically be added to the total judgment amount and recovered from the debtor. This includes court filing fees, certified copy fees, writ of execution costs, sheriff and marshal service fees, recording fees for abstracts of judgment, process server charges, and in many jurisdictions, reasonable skip tracing and asset search costs incurred for enforcement purposes. Keep receipts and detailed records of every expense.

🤝 When to Hire Professional Help

Many small claims collection steps can be handled yourself, but there are specific situations where professional assistance dramatically improves your success rate and saves you significant time and money in the long run.

Not sure what you need? Our guide to choosing a skip tracing service and investigation cost guide can help you make the right decision for your situation.

📍 State-by-State Collection Rules

Collection rules vary dramatically between states. Key differences include how long judgments last (5 to 20 years), post-judgment interest rates (2% to 12%+), wage garnishment limits, homestead exemptions protecting the debtor\’s home, and personal property exemptions. Using the wrong procedure or missing a state-specific deadline can derail your collection efforts entirely.

🛡️ Protecting Your Judgment From Expiration

Judgments do not last forever. Every state sets a time limit, typically between 5 and 20 years. If your judgment expires before you collect, you lose enforcement rights permanently and all your time and fees are wasted.

📈 Post-Judgment Interest Adds Up

Your judgment accrues interest from the date it was entered at your state\’s statutory rate. On a $5,000 judgment at 10% annual interest, that is $500 per year — $1.37 per day — adding up to thousands over the life of the judgment. Track interest carefully using our judgment interest rates by state guide and include the accrued interest in every enforcement action.

📊 Understanding the Collection Process Timeline

One of the biggest mistakes judgment creditors make is assuming collection will happen quickly. While some debtors pay immediately after receiving a demand letter, most contested collections follow a longer timeline. Understanding this timeline helps you plan your strategy and set realistic expectations so you do not become discouraged and give up when the process takes longer than expected.

💡 Pro Tips From Experienced Judgment Collectors

After helping thousands of judgment creditors locate debtors and collect what they are owed, we have seen the strategies that work and the mistakes that waste time and money. These tips come directly from real-world experience.

🎯 Tip 1: Stack Multiple Methods Simultaneously

Do not rely on a single collection method. The most successful collectors use a layered approach. File a property lien on the same day you initiate wage garnishment. Schedule a debtor examination while waiting for your first garnishment check. A bank levy timed to capture a tax refund can supplement ongoing garnishment payments. Each method working simultaneously puts maximum pressure on the debtor and maximizes your chances of full recovery.

🎯 Tip 2: Act Fast — Speed Is Everything

The moment your appeal period expires, move immediately. Every day you wait is a day the debtor could quit their job, drain their bank account, transfer property, or move again. The fastest creditors to act are almost always the first to get paid when multiple creditors are pursuing the same debtor. First-in-time priority rules mean early liens and garnishments take precedence over later ones.

🎯 Tip 3: Keep Meticulous Records

Document every expense, every communication, every payment received, and every enforcement action taken. Courts require accurate accounting when you claim collection costs. If the debtor disputes the amount owed, your detailed records protect you. Track post-judgment interest daily using our judgment interest rate guide.

🎯 Tip 4: Do Not Ignore Small Judgments

Even a $1,500 judgment is worth collecting. At 10% annual interest over 10 years, that $1,500 becomes $3,000 or more. A property lien filed today for $50 could result in a $3,000 check years from now when the debtor sells their house. The cost of a skip trace and lien filing is a fraction of what you stand to recover.

🎯 Tip 5: Monitor the Debtor Over Time

If collection is not immediately possible because the debtor is currently judgment proof, do not abandon your judgment. Set calendar reminders to re-check the debtor\’s situation every 6 to 12 months. People\’s financial situations change — they get new jobs, inherit money, buy property, and start businesses. A debtor who was uncollectable last year may have attachable assets today. Periodic asset searches can reveal these changes.

🎯 Tip 6: Know When to Negotiate

Sometimes the smartest collection strategy is a negotiated settlement. If a debtor offers to pay 70% of the judgment in a lump sum right now, that is often a better outcome than months of garnishment at 25% of minimum wage. Calculate the present value of your judgment against the time and cost of enforcement. A bird in hand is often worth two in the bush, especially when the debtor could file for bankruptcy, become disabled, or disappear again at any time.

⚠️ Common Mistakes That Kill Your Collection Efforts

Avoid these pitfalls that we see judgment creditors make repeatedly. Each one can delay or permanently destroy your ability to collect.

• Waiting too long to start: Every day of delay increases the risk the debtor moves, hides assets, or your judgment expires. Start enforcement the day your appeal period ends.
• Using outdated debtor information: Serving a garnishment on a former employer or levying a closed bank account wastes fees and tips off the debtor. Always verify information is current before taking action.
• Forgetting to renew your judgment: If your judgment is approaching its expiration date, file for renewal immediately. Missing the deadline permanently kills your enforcement rights. See judgment duration by state.
• Harassing the debtor: Threatening, repeatedly calling at odd hours, contacting their employer about the debt without a court order, or posting about their debt on social media can result in FDCPA violations and countersuits that cost you more than the original judgment.
• Accepting verbal promises: Never accept a verbal payment promise without getting it in writing. A signed stipulated judgment or payment agreement is enforceable. Verbal commitments are worthless in court.
• Failing to add costs and interest: Many creditors forget to include post-judgment interest and recoverable enforcement costs in their collection calculations, leaving money on the table.
• Giving up too soon: Collection takes persistence. Many judgments are collected months or even years after entry. Debtors\’ financial situations change over time, and a judgment that seemed uncollectable last year may suddenly become enforceable.

❓ Frequently Asked Questions

📚 Related Resources