Send a Demand for Money Owed Letter
Sending a certified Demand for Money Owed letter should be your first form of recourse. This letter will alert the debtor that it's time to pay their debts. This can serve as proof that you've requested payment formally.
All of the methods in which you'll be able to receive your judgment will require proof. This must be requested from the small claims court, and you'll have a writ with the respective method of retrieval provided. This may be a:
- Writ of execution
- Writ of garnishment
- Writ of attachment
This document must be provided to your local sheriff who will serve the document to the respective institute.
Federal law allows a creditor, or you in this case, to garnish wages against a debtor. There are limits to how much money can be garnished per pay period, which may vary from state to state.
Real Estate Lien
A lien on a debtor's property can be executed. This lien would be put against the property. When the property is sold or transferred, you will receive the money owed to you. Interest may also be collected at this time.
Bank Account Seizure
Called a bank levy, this allows for collecting small claims judgments directly from a debtor's bank accounts. This method is complicated because you'll need to know the debtor's bank account number and where their bank is located. There are also some restrictions that apply,
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.