The creditor may decide they would rather have a little money at a time than nothing. If you work something out, make sure all the details are in writing. The agreement should include due dates, grace periods if any , if and how interest will accrue, where you should send the payments, what form of payment will be accepted, and who you should make the payments to. Make sure you keep detailed records and proof of your payments.
If the other side will not agree to a payment plan, you can try asking the court. You can file a motion to set up an installment payment plan. You will have to have the other side served so they can show up at the hearing if they want to oppose your request.
The judge will make a decision at your hearing. One of the main tools that the creditor can use to collect from you is a wage garnishment. If the creditor has received a judgment from a court that you own money, the creditor can file papers to have a portion of your paycheck garnished taken or withheld to pay off your debt. But the creditor will be limited in the amount he or she can take.
Click if you are an employer and received a wage garnishment order for an employee. A Claim of Exemption is a form a debtor files with the levying officer the sheriff or marshal who issued the Earnings Withholding Order explaining why the wages that the creditor wants the debtor's employer to garnish take should be exempt excluded. There are laws and rules that say when exemptions are available. To file a Claim of Exemption for a wage garnishment As soon as possible after receiving a copy of the Earnings Withholding Order Form WG the wage garnishment from your employer:.
To oppose a Claim of Exemption for a wage garnishment If the judgment creditor wants to oppose the Claim of Exemption , within 10 days of the mailing date shown on Item 1 of the Notice of Filing of Claim of Exemption Form WG , the creditor must:.
As a debtor, you can also file a claim of exemption if the creditor tries to levy or garnish any asset of yours other than your wages. See Code of Civil Procedure section A Claim of Exemption is a form a debtor files with the levying officer like the sheriff or marshal explaining why the property or money that the creditor wants to take should be exempt excluded. There are laws and rules that say which types of income or property are exempt.
To file a Claim of Exemption for a levy or other non-wage garnishment Within 10 days from receiving the Notice of Levy :. To oppose a Claim of Exemption for non-wage garnishments If the judgment creditor wants to oppose your claim of exemption, within 10 days of receiving a copy of the Claim of Exemption, the creditor must:. Skip to main content Skip to topics menu Skip to topics menu. As a result, you wouldn't be able to satisfy a money judgment from a residential property unless equity exists over and above any mortgage plus the amount the debtor can protect.
Will the Debtor File for Bankruptcy? Can You Collect? Does the debtor have a regular income? A simple way to collect a judgment is by deducting money out of the debtor's paycheck using a wage garnishment. The debtor must have a decent income because both the federal government and states cap the amount you can take, and certain types of income, like Social Security, are off-limits.
Does the debtor have a bank account? Collecting from deposit accounts , such as bank and investment accounts are another asset source worth considering. Does the debtor own real estate? You can collect from real estate assets , including the debtor's home, too. Keep in mind that many states protect a certain amount of a debtor's equity by way of a homestead exemption. Does the debtor have business receipts? You can order the sheriff or marshal to take the judgment amount directly out of a cash register called a till tap or bank account.
Or, you might be able to force the sale of a valuable piece of equipment or machinery owned by the business. Does the debtor have a professional license? For instance, in California, a contractor must handle the debt by paying the award or filing for bankruptcy to prevent losing the license.
Will the debtor have income or assets in the future? Financial situations change regularly. If there's a chance that the debtor will come into money, it might make sense to bring the lawsuit. Renewing the Judgment You can't sit on your judgment forever. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code.
How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Lawsuits and Court. Some people do not work or have assets and are not able to pay judgments. Other defendants may have the money but refuse to pay it out of spite or for other reasons.
A judgment is really just a piece of paper that serves as judicial recognition that this person owes you this amount of money.
Unfortunately, just because the judge awarded you a money judgment does not mean that the defendant is immediately going to pay the amount owed. That might happen, but more often, the person with the money judgment will have to take steps to enforce that judgment to force the defendant to pay.
If the defendant has money or other assets, you may want to talk to a lawyer in your state or territory to see what the process is in your jurisdiction. Here are some steps you may be able to take to try and collect enforce your judgment:. If the person you are thinking about suing is judgment-proof, you may want to think about whether or not the cost and stress of bringing a lawsuit will be worth it when you may not be able to collect on any judgment you might receive.
All rights reserved. Department of Justice. Neither the U. You may work with the defendant to collect payment without court intervention or, if necessary, you may follow a court procedure to enforce your judgment.
If the defendant is willing to pay, but cannot pay the entire amount all at once, you might consider allowing the person to satisfy the debt by installment payments or by a set date in the future. Or, you might negotiate the transfer of property from the defendant to you instead of money.
These types of arrangements are called settlement agreements. If you reach a settlement agreement with the defendant, be sure to write down the terms of your agreement, date it, and have both you and the defendant sign it. Keep a copy of the agreement. Using the court system to collect a judgment, also called "executing on a judgment," can be complicated. If you do not understand any part of this information, you should see an attorney. If a defendant does not pay the judgment and refuses to cooperate, there are court procedures for collecting the judgment.
The most commonly used procedure is called execution of a judgment.
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