You sued someone and obtained a judgment. Now how do you collect your money?

The first thing you should do is record your judgment at the County Auditor’s office.   By recording your judgment, it becomes a lien on all real property owned by the debtor in that county. 

You have several options for collecting on your judgment, so take the time to investigate the most efficient way to do so.    Judgments in Washington State are good for ten (10) years.  If you have not collected on your judgment at the end of the ten year period, you can renew your judgment for another ten (10) years as long as you do so within 90 days of its expiration.

One method of collection is to garnish the debtor’s wages or bank account.  You must know where the debtor works or banks and there must be enough funds or income available that are not exempt from garnishment.

A second method of collection is to execute on the debtor’s personal property.  This involves taking non-exempt property from the debtor’s residence or business and selling it at auction.  You must have sufficient funds upfront, including the Sheriff’s fees, mover’s fees, storage fees, and auction fees.

A third method of collection is to execute on the debtor’s real property.   This also involves taking the debtor’s property and selling it at a public sale.  Again, the debtor will be permitted a certain amount in equity that is exempt from execution.   You must also demonstrate that the debtor did not have sufficient personal property to execute on first.

Finally, you may be able to sell or assign your judgment to a third party such as a collection agency.  These companies will either buy your judgment at a reduced amount or will attempt to collect the debt on your behalf, charging a percentage of the judgment or a fee.

In order to find out exactly where the debtor banks and works and to find out the assets available for execution, including how much equity there is, you can have the debtor ordered to go into court and testify under oath in supplemental proceedings.   In addition, you may require the debtor to bring documents with him such as his tax return or pay stub. 

It is important to remember that even with the availability of these collection tools, you may not be able to collect on your judgment.  Some debtors are known as “judgment proof.”  This typically means that the debtor does not have enough income or assets to satisfy your judgment or that you simply cannot locate the debtor to determine whether or not there are.   Of course, twenty years is a long time and people’s circumstances can change so even if you cannot collect on your judgment right away, it may be worth your while to periodically check the debtor’s status.