How does a creditor go about collecting money on a court-ordered judgement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does a creditor go about collecting money on a court-ordered judgement?
Although a smalls claim court judgment has been issued (at least 6 months ago), I have still been paid none of the money owed to me. How can I go about collecting this money? Because the amount is less than $3,000, a lien was not automatically created, but I could file for one. Would it do any good for me to do this? If I know the bank he uses, would I be able to collect it from his account? Also, he owns and operates a used car lot. Since he is self-employed, is there any way to collect via his wages etc.?
Asked on August 12, 2010 under Bankruptcy Law, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Collecting on a judgement is ofter the least glamorous part of winning the case. It is up to you to collect the judgement. The court will not do it for you. There are various ways to do so: you can locate personal property of the defendant and have the assets seized (usually through the help of a Marshall or Sheriff); garnish wages or bank accounts with forms that you can purchase form a legal supply store; or put a lien on real property by the proper filing of the judgement in the county in which the property is located. You have to pay for all of this yourself but you can file papers with the court to get the money back from the defendant. See if the small claims court has any booklets to help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.