The Short Answer: Winning Is Only Half the Battle
Winning your small claims case gives you a judgment — a court order saying the defendant owes you money. It does not give you the money. Courts in all 50 states act as referees, not collection agencies: roughly 50% of small claims judgments go uncollected because the winner (now called the "judgment creditor") never takes the next step. The defendant who loses is the "judgment debtor," and unless they pay voluntarily, the legal burden is on you to find their assets and force collection. This guide walks through every collection tool available — from a simple demand letter to wage garnishment and bank levies — with real costs, timelines, and examples for 2026.
This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in your state.
Step 1: Wait for the Appeal Window to Close
You cannot collect immediately. Most states impose a stay period of 14 to 30 days after judgment during which the debtor can appeal or ask the court to vacate. Specific examples:
- California: 30 days from the date the clerk mails the Notice of Entry of Judgment (form SC-130).
- New York: 30 days to appeal in most courts.
- Texas: 21 days to file a motion for new trial or appeal.
- Florida: 30 days to appeal.
If you try to garnish or levy before this window closes, the court can reverse the action and stick you with the debtor's costs. Mark the deadline on your calendar and wait it out.
Step 2: Ask for the Money Directly
Before spending a dollar on enforcement, send a post-judgment demand letter. Many debtors pay once they realize the judgment is final and that interest is accruing. Your letter should state:
- The case number, court, and judgment amount.
- The statutory interest rate now accruing — e.g., 10% per year in California, 9% in New York, 4.75% (2026 adjustable) in Texas. On a $5,000 judgment at 10%, that's $1.37 per day, or about $500/year.
- A 14-day deadline to pay before you begin enforcement.
- Acceptable payment methods (certified check, money order).
This mirrors the pre-filing demand letter you sent before suing — but now you have a court order backing it. Keep a copy; proof you offered a peaceful resolution helps if you later ask the court for enforcement costs.
Step 3: Find Out What the Debtor Owns
You can't garnish a bank account you can't name. Every state gives judgment creditors a discovery tool to compel the debtor to disclose assets under oath:
- California: Order of Examination (form SC-134 / EJ-125) — the debtor must appear in court and answer questions about income, bank accounts, and property. Failure to appear can trigger a bench warrant.
- New York: Information Subpoena with Restraining Notice — served by mail, the debtor must answer in writing within 7 days.
- Texas: Post-judgment written discovery and depositions under Rule 621a.
What to look for: employer name (for wage garnishment), bank and branch (for a levy), vehicles, real estate, and business ownership. A debtor's-examination subpoena that the debtor ignores is itself contempt of court — leverage you can use.
Step 4: Garnish Wages
If the debtor has a job, wage garnishment is often the most reliable tool. You obtain a writ of garnishment (or "earnings withholding order") from the court and serve it on the employer, who then deducts money from each paycheck and sends it to you.
Federal law (the Consumer Credit Protection Act) caps the garnishment at the lesser of 25% of disposable earnings or the amount by which weekly pay exceeds 30× the federal minimum wage ($217.50/week in 2026). Many states are stricter:
- California: Earnings Withholding Order (form WG-002), 25% cap, served by a sheriff or registered process server.
- New York: Income Execution (form available from the county clerk), 10% of gross or 25% of disposable, whichever is less.
- Texas, Pennsylvania, North Carolina, South Carolina: Wage garnishment for ordinary consumer debts is prohibited — these states only allow it for child support, taxes, and student loans. In Texas you must rely on bank levies and liens instead.
Example: A $3,000 judgment against someone earning $800/week in disposable income. At the 25% cap ($200/week), you'd collect the full amount plus interest in about 16 weeks.
Step 5: Levy the Debtor's Bank Account
A bank levy freezes and seizes funds directly from the debtor's account. You get a writ of execution from the court, then direct the sheriff or marshal to serve it on the bank. Key points:
- You must know the bank name — and ideally the branch and account number — which is why Step 3 matters.
- The sheriff's fee is typically $30–$125, recoverable from the debtor.
- Certain funds are exempt from levy: Social Security, veterans' benefits, unemployment, and (in many states) the first $1,000–$2,000 of deposits. Banks must protect two months of federal benefit deposits automatically.
- A levy is a one-time snapshot — it grabs whatever is in the account that day. If it comes back empty, you can levy again later.
Step 6: Place a Lien on Real Property
If the debtor owns a home or land, recording an abstract of judgment (California form EJ-001) or judgment lien with the county recorder attaches your judgment to their real estate. You usually won't get paid immediately, but the debtor cannot sell or refinance the property without satisfying your lien first. Liens are powerful for larger judgments and last 10 years in most states (renewable). Recording fees run $15–$40.
Step 7: Seize Property or Use the Sheriff's Sale (Last Resort)
The writ of execution also lets the sheriff seize non-exempt personal property — a second vehicle, business equipment, valuable inventory — and sell it at auction. This is slow, costly, and rarely worth it for small judgments, but it can pressure a debtor who has assets but refuses to pay. Most states exempt one vehicle up to a value cap ($3,625 federal; California up to $7,500) and tools of the trade.
What It Costs and What You Recover
Enforcement costs money up front, but most are recoverable — you can add them to the judgment balance. Typical 2026 ranges:
- Writ of execution: $25–$40
- Sheriff/marshal service: $30–$125
- Debtor's examination filing: $30–$60
- Abstract of judgment recording: $15–$40
- Process server (if used): $45–$100
File a memorandum of costs (California form MC-012) to add these to the amount owed, along with accrued interest.
When the Debtor Has Nothing ("Judgment-Proof")
Some debtors are judgment-proof: unemployed, no bank account, no property, and living on exempt income like Social Security. You cannot squeeze blood from a stone. Your options:
- Wait and renew. Judgments last 10 years (20 in New York) and are renewable. The debtor may get a job or inherit assets later.
- Accrue interest. The balance keeps growing at the statutory rate.
- Report to credit bureaus / use for tax purposes. An uncollectible business judgment may be deductible as a bad debt — ask a tax professional.
Step 8: File Proof the Judgment Is Paid
Once you've collected in full, you are legally required to file an Acknowledgment of Satisfaction of Judgment (California form EJ-100) within 14 days. Failing to do so after the debtor pays can expose you to penalties. This step clears the debtor's record and closes the case.
Related Guides
Before you reach the collection stage, make sure you handled the earlier steps correctly. See our California small claims court guide, North Carolina small claims guide, and New Jersey small claims guide for state-specific filing limits, fees, and statutes of limitations. If you haven't filed yet, start with a strong demand letter before small claims court to maximize your odds of a clean win.
Frequently Asked Questions
How long do I have to collect a small claims judgment?
Most states give you 10 years, and the judgment is renewable for additional 10-year periods. New York allows 20 years for money judgments. Interest accrues the entire time at your state's statutory rate (e.g., 10% in California, 9% in New York), so a patient creditor can collect years later when the debtor's finances improve.
Can I garnish wages in any state?
No. Texas, Pennsylvania, North Carolina, and South Carolina prohibit wage garnishment for ordinary consumer judgments — they allow it only for child support, taxes, and student loans. In those states, focus on bank levies, property liens, and seizing non-exempt assets instead. Where garnishment is allowed, federal law caps it at 25% of disposable earnings.
What if I don't know where the debtor banks or works?
Use your state's debtor's-examination tool — California's Order of Examination (SC-134) or New York's Information Subpoena. These compel the debtor to disclose employer, bank accounts, and property under oath. Ignoring the subpoena is contempt of court and can lead to a bench warrant, which itself often prompts payment.
Who pays the cost of collecting the judgment?
The debtor does — most enforcement costs (writ fees, sheriff service, recording fees, accrued interest) are recoverable. File a memorandum of costs with the court to add them to the judgment balance, so the debtor ultimately reimburses you for the expense of collection.
What happens if the debtor has no money or assets?
They may be "judgment-proof," meaning they have no garnishable income or seizable property. You can't collect from someone with nothing, but the judgment stays valid for 10–20 years, keeps accruing interest, and is renewable. Wait for their circumstances to change, then re-attempt a bank levy or wage garnishment.
About the author: Ziv Shay writes practical legal self-help guides for getsmallclaims.com. Last updated: June 7, 2026.
This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in your state.
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