How to Collect a Small Claims Judgment

You won your case - but the court will not collect the money for you. A judgment is a court order saying you are owed money; turning that paper into cash is a separate process called enforcement. This guide walks through every legal collection tool, in order, so a defendant who won't pay voluntarily still pays.

Last updated: June 2026 · Reading time: ~9 minutes

By Ziv Shay, creator of accessible legal tools at GetSmallClaims

⚠ Not legal advice: This guide is general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Procedures and dollar limits vary by state and county. Confirm details with your local court clerk or a licensed attorney before acting.

Step-by-Step: Turning a Judgment Into Money

1

Ask for payment in writing

Send the debtor a short letter stating the judgment amount, the case number, and a deadline to pay. Many people pay once they realize a formal judgment exists and that enforcement (with added costs) is next. Keep a copy.

2

Locate their income and assets

You cannot garnish what you cannot find. Use a debtor's examination (also called an order of examination) to make the debtor disclose their employer, bank, and property under oath. Public records and your own knowledge help too.

3

Garnish wages or levy the bank

With an employer or bank identified, file the matching enforcement order with the court clerk and have it served. The employer or bank is legally required to withhold and forward funds.

4

Lien, renew, and collect interest

For larger amounts, record a lien against real estate so you are paid when it sells. Track post-judgment interest and renew the judgment before it expires if it is still unpaid.

Finding the Debtor's Assets

The single most useful collection tool is the debtor's examination. You file a request with the court, and the debtor is ordered to appear and answer questions under oath about where they work, where they bank, what vehicles and property they own, and what other income they receive. If they fail to appear, the court can issue a bench warrant.

Before the exam, gather what you already know: a prior check shows their bank; a business card or LinkedIn shows their employer; county records show real estate they own. Each of these points to a specific enforcement method below.

Tip: Keep every receipt for collection costs (filing fees, service, recording fees). Most states let you add these costs - and post-judgment interest - to the amount the debtor owes.

Wage Garnishment

Wage garnishment orders the debtor's employer to withhold a portion of each paycheck and send it to you until the judgment is satisfied. Federal law caps the withholding (generally up to 25% of disposable earnings), and some states protect more. You obtain a writ or earnings withholding order from the court, then serve it on the employer through the sheriff or a process server.

Garnishment is the most reliable method when the debtor has a steady, documented job. It does not work for the self-employed or unemployed - for them, a bank levy or lien is usually better.

Bank Account Levy

A bank levy (also called a bank garnishment) freezes and seizes funds in the debtor's account up to the judgment amount. You provide the court with the bank's name and branch, obtain a writ of execution, and have the sheriff serve the levy on the bank. The bank turns over available non-exempt funds.

Levies are powerful but one-shot: they capture whatever is in the account at that moment. Timing matters - levying right after a known payday or deposit improves your odds. Certain funds (Social Security, unemployment, some benefits) are exempt and cannot be taken.

Property Liens

If the debtor owns real estate, you can record an abstract of judgment (a judgment lien) with the county recorder where the property sits. The lien attaches to the property, and you are paid out of the proceeds whenever it is sold or refinanced. Liens require patience - they may not pay out for years - but they are low-effort and survive as long as the judgment is valid.

Interest, Costs, and Deadlines

Most states add post-judgment interest (commonly 5% to 10% per year) to the unpaid balance, so the amount owed grows until it is collected. Judgments stay valid for a long time - typically 5 to 20 years depending on the state - and can usually be renewed before they expire so an unpaid debtor cannot simply wait you out.

Ready to file your small claims case?

GetSmallClaims prepares your complete, state-specific filing package - the right court forms, a demand letter, and step-by-step instructions.

Start My Case

Frequently Asked Questions

How do I collect a small claims judgment if they won't pay?
Winning does not force payment. You enforce the judgment using wage garnishment, a bank levy, or a property lien - after locating the debtor's assets through a debtor's examination.
How long do I have to collect a judgment?
Judgments are valid for roughly 5 to 20 years depending on the state, and most can be renewed before they expire. Many also accrue post-judgment interest until paid.
Can I garnish someone's wages from a small claims judgment?
Yes, in most states. You file a wage garnishment / earnings withholding order with the court and serve it on the debtor's employer, who withholds a portion of each paycheck until the judgment is paid.
What is a debtor's examination?
A court hearing where the debtor must answer questions under oath about their income, bank accounts, and property, so you can identify assets to collect against. Failing to appear can lead to a bench warrant.

Related guides