- Winning and collecting are separate exercises.
- An examination in aid of execution is usually the step that reveals whether enforcement is worthwhile.
- Writs, garnishment and seizure are the principal tools.
- A judgment against someone with no assets is a cost, not an asset.
The gap between judgment and payment
A judgment establishes that a sum is owed. It does not transfer money, and the court does not collect it. Enforcement is a separate process that the creditor must pursue.
This surprises people who assumed the hard part was proving the claim. Where the debtor has assets and income, enforcement is usually straightforward. Where they do not, a judgment can be worth very little.
That is why the assessment of whether to sue should include whether the defendant can pay, before the costs are incurred rather than after.
Finding out what there is
An examination in aid of execution allows the creditor to question the debtor under oath about their income, assets, debts and disposals of property.
It is usually the most valuable enforcement step, because it converts guesswork into a plan. It reveals where the bank accounts are, whether there is employment income to garnish, whether property is held, and whether assets were transferred to family.
A debtor who fails to attend can face further consequences, which is itself useful pressure.
The tools
Writ of seizure and sale. Filed against land in a county, it binds the debtor’s interest and prevents a clean sale without dealing with the judgment. On a homeowner it is often the most effective tool, because it waits.
Garnishment. Of wages, or of bank accounts. Wage garnishment is subject to statutory exemptions; bank garnishment captures whatever is in the account when it lands, which makes timing everything.
Seizure of personal property through the Sheriff, which is often uneconomic for ordinary goods but can be worth it for vehicles or equipment.
Appointment of a receiver in appropriate cases, particularly where the debtor has income streams or business assets.
When to stop
Enforcement costs money, and those costs are not always recoverable in practice even when they are recoverable in principle.
A judgment remains enforceable for a substantial period and can be renewed, so a debtor with no present assets may become collectible later. Filing a writ and waiting is a legitimate and inexpensive strategy.
The mistake is spending steadily on enforcement against someone with nothing, in the hope that persistence will produce assets that do not exist.
Common questions
How long is a judgment enforceable?
For a substantial period, and it can generally be renewed. A writ filed against land can sit until the property is dealt with.
Can wages be garnished in full?
No. Statutory exemptions limit the proportion that can be taken.
What if the debtor transferred assets away?
Transfers made to defeat creditors can be attacked, and an examination is usually how they come to light.
Is it worth enforcing against someone with no assets?
Often not immediately. Filing a writ and waiting is inexpensive and preserves the position.
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