Courts Do Not Act To Collect Money You Are Owed

Once you win a money judgment in civil court you’re not done. Most people assume a court judgment means their debtor will pay them the money they are owed. The assumption your debtor is legally required to pay you is incorrect. There is no “debtor jail” in the United States and the courts do not proactively work to collect the money you are owed. Instead, your judgment must go into a judgment recovery (also called judgment enforcement) process. This judgment recovery process can be time consuming, costly, and there is no guarantee that the debtor will pay you the amount owed.

The court will not act on its own to collect the money you are owed. It is up to the individual who has been awarded a judgment to take the steps necessary to enforce it. The same is true if you hired an attorney to represent you. You or your attorney must enforce your judgment. If the debtor in your judgment is not willing to pay the debt or work out a payment plan, you will have to complete and file more forms with the court, pay the required filing fees, serve your debtor notice, and likely appear in court for additional hearings. These fees are not automatically added to the amount of your judgment. Because collecting a judgment is often a complicated procedure, you may want to consult with a judgment enforcement specialist.