After Court • Updated June 2026

Won Your Case But They Won’t Pay? How to Collect Your Judgment

✓ Updated June 2026 · ✓ All Enforcement Options · ✓ Step-by-Step

Winning a small claims judgment is an important first step — but it does not automatically put money in your pocket. If the defendant does not pay voluntarily within the court’s deadline (usually 30 days), you must take enforcement action yourself. Here is exactly what you can do.

Option 1 — Wage Garnishment

Wage garnishment allows you to collect directly from the defendant’s paycheck through their employer. File an application with the court and serve the employer, who is then required to withhold a portion of the defendant’s wages each pay period and send it to you. Federal law limits garnishment to 25% of disposable income. Some states have more restrictive limits.

✓ Best for: Defendants who are employed and receiving regular wages. You need their employer’s name and address — obtainable through a debtor’s examination.

Option 2 — Bank Account Levy

A bank levy allows you to seize funds directly from the defendant’s bank account. File a writ of execution with the court and serve it on the defendant’s bank. The bank freezes the account and turns over funds up to the judgment amount. You need to know which bank the defendant uses — discover this through a debtor’s examination.

Option 3 — Property Lien

Place a lien on real property the defendant owns. A lien means the judgment must be paid before the property can be sold or refinanced. Particularly effective if the defendant owns a home. The lien is recorded with the county recorder’s office. It may not result in immediate payment but ensures you get paid when the property eventually transfers.

Option 4 — Debtor’s Examination

If you do not know the defendant’s assets, file for a debtor’s examination. The defendant is required to appear in court and answer questions about their assets, income, employer, and bank accounts — under oath. This is how you find the information needed to pursue wage garnishment or bank levy.

Option 5 — Hire a Collections Service

For larger judgments consider hiring a collections attorney or judgment enforcement service. They typically work on contingency — taking 25–40% of what they recover. For a $5,000 judgment you cannot collect yourself, paying 35% and getting $3,250 is better than nothing.

⚠️ Judgment expiration: Judgments expire after 5–20 years depending on state unless renewed. Renew your judgment before it expires if collection is taking time. Post-judgment interest typically accrues at 5–10% annually.

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Frequently Asked Questions

What if the defendant claims they have no money?

Use the debtor’s examination to require them to disclose their financial situation under oath. Lying about assets in a debtor’s examination is perjury — a criminal offense. If they genuinely have no assets the judgment is temporarily uncollectable but remains valid. If their financial situation improves you can renew the judgment and pursue collection when they have assets.

Can I recover court costs and interest in addition to the judgment?

In most states yes — filing fees and service costs can be added to the judgment and recovered from the defendant. Post-judgment interest accrues from the date of the judgment until paid. Pre-judgment interest may also be available depending on your state and claim type. Check your state’s specific rules for interest rates and recoverable costs.

How long do I have to collect a judgment?

Judgment expiration varies by state — typically 5 to 20 years. Most states allow you to renew a judgment before it expires for another full term. In California judgments are valid for 10 years and renewable. In Texas a judgment is valid for 10 years. Check your state’s specific rules and calendar a reminder well before the expiration date.