How does a creditor go about collecting money on a court-ordered judgement?

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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 10 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.


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