How is a Judgment Enforced?

Garnishment

• If the money awarded in a judgment isn't paid, the plaintiff may petition the court for a garnishment of wages against the person owing the judgment. This assumes the debtor has a job. If he does, there are limits to the amount of wages that may be garnished. The court orders the employer to deduct up to a percentage of disposable income (basically, take home pay). Usually it is in the range of 25 percent, but if it is a spousal or child support judgment, it could go as high as 50 percent.
  
  

Liens

• Liens are probably the least desirable method unless executed simultaneously with other forms of collection. Liens are encumbrances placed against property. A lien could be placed against a home, a car, a boat or any other property of value that would satisfy the judgment. The problem with a lien is that the judgment is enforced only when the property is sold. While it is a method of enforcement of a judgment, it may take some time to conclude.
  
  

Execution and Levy

• This action is often taken when the debtor has no job or any money to satisfy the judgment or is self-employed. It most often occurs in conjunction with a court order placing a lien on real property. It allows the forcible taking of property equivalent to the amount of the judgment by a sheriff or other official. While it is a more lengthy process to seize assets and then sell them to satisfy a judgment, it could force the hand of the debtor to settle the judgment.
  
  

Skipping Town

• Moving to another state will not exempt a debtor from a judgment. The judgment will follow the debtor to the new state and become a lien against all real estate and other property in the new state. Also, the laws in the new state may give more latitude to the creditor to enforce the judgment. In either event, the federal Uniform Enforcement of Foreign Judgments Act assures the judgment will be met, no matter the state.
  
  

Exceptions

• Some state laws protect certain property from the reach of creditors and it varies from state to state. There are also some federal exemptions from judgment, particularly Social Security and pension benefits.