The sheriff or constable will bring you a copy of the execution and take your car or put a lien on your house. If you are collection proof, the creditor cannot take any of your assets or income even though they have a judgment against you.
If some of your stuff or some of your income is protected by exemptions, you need to know what and how much so that you can make sure that it is not taken from you.
If you know what exemptions protect your income or things , you can tell the judge and the judge will not order you to pay from those assets and income. The plaintiff and the judge will probably ask you again and again if you can pay anything towards the debt.
They will also ask if you are willing to enter into a repayment plan. A repayment plan is an agreement with the creditor that you will pay back the debt by paying a set amount every month. If the agreement is made into a court order and you do not pay back the amount you have agreed to pay, you could be in violation of the court order.
Only agree to a repayment plan if you really agree. If you do not agree with the amount stated, or you cannot pay back any amount every month, do not agree to a repayment plan. If you have income that is collection proof a court cannot order you to pay back the debt from that income.
But if you agree in a repayment plan to pay a sum out of the protected income, the court can make you pay from your protected income. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer. What happens if I do not have the money to pay the debt or judgment? Show Endnotes Hide Endnotes. Always go to court If you cannot pay the debt, tell the creditor.
Even if you have no money, the court can decide: the creditor has won the lawsuit, and, you still owe that sum of money to that person or company. If you lose your case The judge has already decided that you owe money to the plaintiff. Agreements when you do not have money to pay the debt: The plaintiff and the judge will probably ask you again and again if you can pay anything towards the debt.
Why am I being sued again? Feedback Was the page helpful? Easy to understand? Complete with enough details? In most states, you must "perfect" a real estate lien by recording the judgment with the recorder's office or equivalent department in the county where the debtor's real estate is located.
Once filed, the debtor can't transfer clear title as part of a real estate deal without first paying the lien.
You'll also retain more rights in bankruptcy because the lien will remain in place unless the debtor takes action to have it removed. The debtor might pay the court judgment if you ask. A business-like request for payment might be all it takes, especially if you mention that an unpaid judgment will probably show up on the debtor's credit report.
Don't tell the debtor exactly how you plan to collect if he or she doesn't pay up, however—again, any type of threat might encourage the debtor to start hiding assets and you never want to appear to be harassing or intimidating the debtor.
Also, in many cases, it makes more sense to settle for a bit less than the full claim in exchange for having the whole thing over and done with.
The debtor might force you to resort to collection actions. If so, you'll need to know what you're doing. Learn about options like wage garnishments, property liens, and bank levies early on. A debtor who won't pay the judgment isn't going to tell you where the money is—but you can take steps to find it. The court can order the debtor to answer questions under oath about the type, location, and value of assets that you can seize to satisfy the judgment.
Lawyers call the process a debtor's exam or an order of examination. When you're planning a collection strategy, it makes sense to start by going after the low-hanging fruit.
Wages, bank accounts, and money paid to a debtor's business are all relatively easy assets to get, and the procedures for doing so are simple and inexpensive. On the other hand, trying to force a sale of the debtor's vehicle, house, or personal property can be complicated, expensive, and time-consuming. Plenty of collection professionals out there will try to collect your judgment in exchange for a percentage of whatever they get from the debtor.
If you have had no success in collecting your judgment or you aren't willing to spend the time and effort necessary to get your money, hiring an expert might be a good idea. After all, it's better to get some of the money you're owed than none. Judgments don't last forever. Instead, they usually have a shelf life of between 5 to 20 years depending on the state. Sometimes you need more time to collect, however. If you do, be sure to renew the judgment and any recorded liens before the judgment expires.
In most states, failing to do so will result in a permanent loss of your collection rights. Financial situations change. You must be able to tell the enforcement officer the model, year, license plate number and location of the car. Also be aware that if the Judgment Debtor borrowed money to buy the car, that loan must be repaid from the sale before you can get any money. Similarly, if the Judgment Debtor owns real estate, it can be sold to pay your judgment. Ask the Small Claims Court Clerk for a transcript of judgment and then file it with the County Clerk in the county where the judgment debtor owns property.
You can then ask the enforcement officer to sell the property to pay the judgment. For more information speak to the Small Claims Court Clerk. The licensing agency then can revoke, suspend, or refuse to renew the business license. If the Judgment Debtor has three or more unpaid recorded judgments including your own and has the ability to pay them, you may be able to sue for treble damages, which means you can be awarded three times the original judgment amount.
If the business is licensed, notify the agency that licensed the business as well. When the Judgment Debtor has fully satisfied the Judgment paid the amount in full the court must be notified that the debt has been paid.
You, as the Judgment Creditor, must notify the Small Claims Court that the judgment has been satisfied, even if you use an Enforcement Officer. Failure to notify the court in a timely manner may result in penalties to you. The Enforcement Officer will file a satisfied execution with the clerk at the Small Claims Court where the execution was issued.
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