- Overview Of Judgments And Collection
- Property A Creditor Can And Can’t Take
- How To Collect A Judgment
- How To Fight Collection Of A Judgment
- References, Resources, and Links
Learn the seven steps you’ll follow to prepare the paperwork necessary to collect your civil judgment. Also find out about some funds you might be able to collect from and some things to watch for as the collection process goes forward.
The good news is that you won your case and the court entered a judgment against the other party. The bad news is that collecting your judgment may not be easy. The party who won and is entitled to collect the money awarded to him by the court is called the “judgment creditor.” The party who lost and owes money to the judgment creditor is called the “judgment debtor.” It is up to the judgment creditor – not the court – to collect from the judgment debtor.
FYI! The court will not collect the money for you, but you can ask a lawyer or collection agency to help you collect your judgment. Be aware, though, that you may have to pay a percentage of the judgment in fees. You may also be asked to assign the right to your judgment to the attorney or collection agency.
If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called “executing” the judgment.
A judgment creditor can execute upon a judgment debtor’s wages, real property, bank account, or cash box. There are a series of forms that the judgment creditor must prepare, file with the court clerk, and give to the constable or sheriff in order to execute a judgment.
To see a flowchart showing how the whole judgment collection process works, click on the link below:
Before you can complete the paperwork to collect from the judgment debtor, you will need to decide what money or property of the judgment debtor’s you are going to instruct the sheriff or constable to take.
There are certain types of money and property that you will not be able to collect. Property that cannot be taken to pay a judgment is called “exempt.” Exempt property is typically income or assets related to the judgment debtor’s basic needs (like unemployment or veteran’s benefits, social security benefits, tools of a trade, clothing and household goods, and the like). To learn more about exempt property, click to visit Property a Judgment Creditor Can and Can’t Take.
If you know your judgment debtor’s money or property is exempt, it is probably not worth your time and energy to execute against them. If exempt property is taken, the judgment debtor needs only to file with the court to get the property returned. So you are better off focusing your efforts on money and property that is not legally exempt. To learn how the judgment debtor asserts his exemptions, click to visit Contesting a Garnishment or Attachment.
Here are some types of money and property you should try to identify:
You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor’s wages. In order to garnish wages, you must know the name and address of the employer of the person you have the judgment against. You cannot obtain more than 25% of the judgment debtor’s check if the judgment debtor makes more than $770 per week, or 18% of the judgment debtor's check if the judgment debtor makes less than $770 per week, or 50 times the minimum wage (currently $362.50 per week), whichever is higher.
You may seek to obtain some of the judgment debtor’s property. If possible, it is best to attach cash. To attach money in a bank account you need to know the defendant’s bank name, address and, ideally, the account number. If you have a judgment against a business that has a cash register, you can execute against any cash on the property. You’ll need the business’ name and location.
TIP! To discover the judgment debtor’s bank account number, find someone who has written him a check. Get a copy of the cancelled check. The debtor’s bank and bank account number should be on the back!
If the judgment debtor owns a home or other real estate, you can record your judgment as a lien against the property. To do so, you must first obtain a certified copy of the judgment from the court clerk. The certified copy can then be recorded with the Clark County Recorder’s Office at 500 Grand Central Parkway, Las Vegas, Nevada. Once recorded, the judgment becomes a lien upon all real property of the judgment debtor, not exempt from execution, in Clark County that the debtor currently owns or acquires before the lien expires. The lien continues for six years (unless the judgment is satisfied), and you can re-record the lien if you renew your judgment. When the property is sold or foreclosed upon, you may receive your money.
Occasionally there may be a bond or recover fund from which you can collect your judgment. The procedure and paperwork to collect against these sources varies, so check with the appropriate agency for instruction.
Sometimes the judgment creditor simply has no information about the judgment debtor’s money or property. Without that information, it is impossible to execute the judgment. If that is your situation, there is a tool called a “judgment debtor exam” that you can use to try and get the information. To learn more, click to visit Getting Information About a Judgment Debtor’s Assets.
TIP! This website provides general information about collecting judgments. But judgment collection can be tricky depending on who you’re trying to collect from. If you hit a brick wall, you may want to talk to an attorney who specializes in collections. Click to visit Lawyers and Legal Help.
Once you know what money or property you intend to execute against, the first form you will need to prepare is the Writ of Execution. This is a routine court order that authorizes the constable or sheriff to take certain property belonging to the judgment debtor. Most courts require this document to be typed, not handwritten. You can download the Writ of Execution on your computer by clicking one of the formats underneath the form’s title below:
JUSTICE COURT WRIT OF EXECUTION
PDF Fillable | Form Guide
DISTRICT COURT WRIT OF EXECUTION
Word Fillable
After you complete the Writ of Execution, you must file it with the court. In the justice court, the court clerk will charge a $25 filing fee. In the district court, the court clerk will charge a $10 filing fee.
You will also need a Notice of Execution. This document does not require you to fill out anything. Simply print it out and clip it to your Writ of Execution. When the constable or sheriff serves your execution forms, the judgment debtor will receive the notice, which outlines the judgment debtor’s rights. You can download the Notice of Execution on your computer by clicking one of the formats underneath the form’s title below:
NOTICE OF EXECUTION (AFTER JUDGMENT)
If you are trying to collect money that is in the possession of a third party (someone other than the judgment debtor), you will need to prepare a Writ of Garnishment. For example, you would need this form if you are trying to garnish the judgment debtor’s wages or attach the judgment debtor’s bank account. But you would not need it if you are trying to take cash directly from the judgment debtor’s cash register. You can download the Writ of Garnishment on your computer by clicking one of the formats underneath the form’s title below:
JUSTICE COURT WRIT OF GARNISHMENT
Pdf Fillable | Form Guide
DISTRICT COURT WRIT OF GARNISHMENT
Pdf Fillable
The Writ of Garnishment is not filed with the court. Make two copies of the completed writ and take them to the constable or sheriff along with your other execution forms.
You will need to prepare instructions to the constable or sheriff, depending on which office you intend to use to serve your execution forms. If the court has issued an order waiving your filing fees, the sheriff will honor that order and serve your documents without charge, whereas the constable will charge you a fee. You will need to obtain a copy of the court order waiving filing fees and provide it to the sheriff with your other documents.
JUSTICE COURT INSTRUCTIONS TO THE CONSTABLE
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JUSTICE COURT INSTRUCTIONS TO THE SHERIFF
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DISTRICT COURT INSTRUCTIONS TO THE CONSTABLE
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DISTRICT COURT INSTRUCTIONS TO THE SHERIFF
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These instructions do not get filed with the court. Make one copy of the instructions to take to the constable or sheriff along with your other execution forms. Unless you have provided the sheriff with a court order waiving your fees, you must pay the constable or sheriff certain fees up front, which might include:
Fees change and vary, so contact the sheriff or constable for fee information. For location and contact information for the constable nearest you and the sheriff’s civil division, click to visit Constables & Sheriffs.
Take all your paperwork to the constable or sheriff for service. For location and contact information for the constable nearest you and the sheriff’s civil division, click to visit Constables & Sheriffs.
After the sheriff or constable serves your paperwork, the judgment debtor has ten business days after the Notice of Execution is mailed or his wages are withheld to file with the court to claim any exemptions he believes apply. The judgment debtor will mail you a copy of his Claim of Exemption form. To learn more about this process, click to visit Contesting a Garnishment or Attachment.
You have eight business days from the service of the judgment debtor’s Claim of Exemption to file an objection with the court if you disagree with the exemptions the judgment debtor is claiming. To learn more about this process, click to visit Responding If the Judgment Debtor Contests Collection.
To see a flowchart showing an overview of this process, click on the link below:
A Writ of Execution against the judgment debtor’s wages will remain in effect for 180 days. Wages are collected each payday for 180 days, unless the judgment is paid in full. If you are attaching the contents of a cash drawer or bank account, the execution is a one-time action. You must re-file your paperwork until the judgment is paid in full or satisfied.
Once the judgment is completely paid off, you must file a Satisfaction of Judgment with the court so that the payoff is reflected in the court’s records. This is important for a couple of reasons. First, Nevada law requires that you notify the court that the judgment has been paid. (NRS 17.200.) Second, an unsatisfied judgment has a negative impact on a judgment debtor’s credit report and credit score. If you fail to file a Satisfaction of Judgment, the judgment debtor can file a motion to have the judge declare the judgment satisfied. A form Satisfaction of Judgment is available, free of charge, at the Self-Help Center, or you can download the form on your computer by clicking on one of the formats underneath the form’s title below:
JUSTICE COURT SATISFACTION OF JUDGMENT
Pdf Fillable | Pdf Nonfillable
Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the court.
Your judgment will expire within six years from the date it is entered in your case unless it is renewed. To renew a judgment, first click to visit Nevada Statutes and review NRS 17.214 carefully. You will need to file a Declaration for Renewal of Judgment with the clerk of the court where the judgment was entered within ninety days before the date the judgment is set to expire. Any judgment liens you have placed on the judgment debtor’s property must also be renewed.
A Declaration for Renewal of Judgment is available, free of charge, at the Self-Help Center. You can also download the form on your computer by clicking on one of the formats underneath the form’s title below:
JUSTICE COURT DECLARATION FOR RENEWAL OF JUDGMENT
Pdf Fillable | Pdf Nonfillable
Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the court.