| You have filed a lawsuit to recover money that is | | | | debtor's) real property. The purpose of this is to |
| owed to you. After the hearing, the Judge enters | | | | place a lien against any real property that the |
| a judgment in your favor. Unfortunately, months | | | | judgment debtor owns. |
| later, you still haven't received any money from | | | | The next step that I would take would depend |
| the Defendant. How do you collect on your | | | | upon what type of information that you have |
| judgment? | | | | regarding the judgment debtor and his assets. If |
| I get this types of question often in my law | | | | you know where the judgment debtor maintains |
| office. Let's set things straight from the beginning. | | | | a bank account, you can attempt to "garnish" the |
| Just because you sue somebody and win does | | | | funds in that account. A garnishment is essentially |
| not mean that you are going to get the money | | | | a way to freeze monies in a bank or financial |
| that you sued for, at least not voluntarily. If the | | | | account and have the funds paid directly to you |
| Defendant chooses to not pay off the judgment | | | | by the judgment debtor's bank. If you do not |
| voluntarily, there are some steps that you can | | | | have banking information on the Defendant, you |
| take to try to force him to pay the debt. | | | | may try what is called an Execution and Levy. |
| In Pennsylvania, where I practice law, it has been | | | | Execution on a judgment is where you use legal |
| my experience that individuals who do not hire | | | | process to enforce the judgment by seizure and |
| attorneys to represent them often go to the local | | | | subsequent sale of the personal property owned |
| District Justice to file their lawsuits. While | | | | by a judgment debtor. This involves having a |
| technically there is nothing wrong with this, as an | | | | Deputy Sheriff place a Levy on the judgment |
| Attorney I usually do not file lawsuits at that level. | | | | debtor's personal property, making it available for |
| The reason is that the District Justice judgment | | | | a public auction. Depending upon the amount of |
| has little value in my eyes. It doesn't have enough | | | | the judgment, this process can also be used to |
| teeth to it, so to speak. If you have obtained a | | | | sell real property, though the costs of doing so |
| judgment at the District Justice, the first step | | | | are a bit prohibitive for smaller cases. |
| that I would take is to transfer the judgment to | | | | While there is never any guarantee of receiving |
| the Court of Common Pleas of the county where | | | | monies after a victorious lawsuit, following the |
| the suit was commenced. The cost for this varies | | | | aforementioned steps can help you in your |
| from county to county, but it is worth the cost | | | | recovery attempts. In the event that these steps |
| and effort, as this type of judgment has some | | | | do not yield immediate results, do not despair. |
| weight to it. After the judgment is entered in the | | | | The lien that you have placed on the judgment |
| court system, you can ask that the judgment be | | | | debtor's home will remain there for quite some |
| "indexed" against the Defendant's (judgment | | | | time. You may just have to wait him out... |