Winning a court judgment is a legal affirmation that someone owes you money. But many creditors are caught off guard when the debtor simply refuses to pay—even after the judge signs off. The unfortunate truth is that a judgment doesn’t enforce itself. When a debtor won’t pay voluntarily, it’s up to you to take legal steps to collect.
If you’re facing a situation where a debtor is ignoring a court judgment, this post outlines what happens next—and the legal tools available to make sure your judgment is more than just a piece of paper.
Step 1: Understanding the Judgment
First, it’s important to know exactly what the judgment includes:
- The principal amount the court awarded
- Any interest (which often accrues daily)
- Court costs or attorney fees, if awarded
- The date of entry, which starts the clock on enforcement deadlines
Once the judgment is entered, the debtor typically has a short window to pay voluntarily—usually 30 days. After that, if they still haven’t paid, the judgment creditor can begin taking enforcement actions.
Step 2: Evaluate Why the Debtor Isn’t Paying
Before pursuing enforcement, consider why the debtor isn’t paying:
- Do they lack the money or assets?
- Are they hiding or transferring property to avoid collection?
- Are they unaware of the judgment?
- Are they intentionally ignoring the court order?
Each situation may call for a different strategy. A debtor who is judgment-proof (i.e., has no income or assets) may require long-term monitoring, while a debtor hiding money may require aggressive legal action.
Step 3: Post-Judgment Discovery
If you’re unsure about the debtor’s financial situation, your first move should be to initiate post-judgment discovery. This legal process allows you to request information about the debtor’s:
- Employment
- Bank accounts
- Real estate
- Vehicles
- Investments
- Business interests
You can issue interrogatories, demand financial documents, or schedule a debtor’s examination—a court hearing where the debtor must answer questions under oath. If the debtor fails to respond, the court may find them in contempt, which can lead to fines or even arrest in extreme cases.
Step 4: Wage Garnishment
If the debtor is employed, wage garnishment is often one of the most effective enforcement tools.
How it works:
- You obtain a writ of garnishment from the court.
- Serve it on the debtor’s employer.
- The employer deducts a portion of wages and sends it directly to you.
What you can collect:
Federal law allows you to collect up to 25% of the debtor’s disposable income, but some states set lower limits.
Wage garnishment continues until the judgment is satisfied or the debtor changes jobs. It’s a reliable long-term method, especially for employed debtors with limited assets.
Step 5: Bank Levies
If you know where the debtor banks, you can levy their account.
Steps involved:
- Request a writ of execution from the court.
- Serve it on the financial institution.
- The bank freezes funds up to the amount of the judgment.
This is a powerful tool, but timing is everything. If the debtor gets wind of your intent, they may drain their account before the levy hits. Some funds—such as Social Security, unemployment, or disability—may also be exempt from levy.
Step 6: Property Liens
Placing a lien on real property is a smart long-term move.
- You record the judgment with the county where the debtor owns real estate.
- This creates a lien that may prevent them from selling or refinancing until your debt is paid.
- In some cases, you may be able to foreclose on the property, depending on the value and your state’s laws.
Liens don’t generate immediate cash, but they can secure your claim and increase pressure on the debtor to pay.
Step 7: Seizing Assets
If the debtor owns vehicles, business equipment, or other valuable property, you can request a levy and sale through the sheriff’s office.
While this process involves court paperwork and sometimes upfront fees, it can lead to the seizure and auction of assets to satisfy your judgment.
Step 8: Holding the Debtor in Contempt
In rare cases where the debtor repeatedly ignores court orders—such as failing to appear for a debtor’s exam or refusing to comply with discovery—the court may hold them in civil contempt.
Sanctions for contempt can include:
- Daily fines
- Orders to compel cooperation
- In extreme situations, bench warrants and arrest
Contempt proceedings are a last resort but can be effective in compelling compliance from uncooperative debtors.
What If the Debtor Files for Bankruptcy?
If the debtor files for bankruptcy, an automatic stay goes into effect, halting all collection activity. However, not all judgments are dischargeable. For example, judgments based on fraud, willful misconduct, or certain debts (like child support) may survive bankruptcy.
It’s essential to act quickly in bankruptcy court to assert your rights. A judgment collection attorney can help you determine whether to challenge the dischargeability of your debt.
Final Thoughts
A debtor who refuses to pay a court judgment isn’t the end of the road—it’s just the beginning of the enforcement process. The legal system gives creditors a range of powerful tools to recover what they’re owed, but success depends on knowing your options and acting strategically.
If your debtor is ignoring a judgment, don’t wait. The sooner you begin enforcement, the better your chances of collecting. And if you’re unsure how to proceed, consider working with an attorney who focuses on judgment enforcement. With the right approach, you can turn your judgment into actual recovery—not just a legal victory on paper. We recommend Judgement Collection Attorney.