Enforcing Legal Judgments: Steps and Strategies When the Defendant Fails to Pay

Winning a civil lawsuit in court is just the first step in obtaining your rightful compensation. If the defendant fails to fulfill the judgment, you must take further actions to ensure the court's decision is enforced. This article will guide you through the process of recovering your money, from wage assignments to the legal measures available to you.

The Consequences of Non-Payment

When you win a civil suit, the court will typically issue a judgment commanding the defendant to pay you the awarded amount. However, there are cases where the defendant refuses to comply. In such situations, the defendant risks criminal charges for ignoring civil litigation, including possible imprisonment.

The most common obstacle is the defendant claiming they do not have the financial capacity to pay. Courts may require proof of this claim, but in many instances, defendants find ways to evade payment. This can include declaring bankruptcy or having no assets in their name. If the case is dropped after a few years, you may never see the money, even if you won the lawsuit.

Legal Strategies for Enforcement

One of the primary methods to enforce a judgment is a wage assignment. This process allows the court to garnish the defendant's wages directly from their paycheck before they receive them. This can provide a steady stream of income until the judgment is satisfied.

Another effective solution is to record a lien with the County Recorder. With the defendant's bank information, you can use a Writ of Execution through the Marshall service. This will allow you to seize funds directly from the defendant's bank account, ensuring you receive your compensation.

Locating Assets and Seizing Property

Winning a lawsuit and collecting the judgment are two distinct processes. You need to locate the defendant's assets or have enough information to start seizing or garnishing their wages. If they have no assets, do not work, or have federal or state exemptions, you may be unable to take any action. The judgment can only remain on record with the hope that conditions will change, or they may file for bankruptcy, which can stall the collection process.

To overcome these challenges, you can force the defendant into an asset hearing in court. In such a hearing, the judge will determine if the defendant has any assets that can be used to pay the judgment. If the defendant is found to have assets or has attempted to hide them, they can face contempt charges. However, the success of this strategy depends on the defendant's financial situation and their willingness to collaborate.

It is also important to note that banks are required by federal and state laws to scrutinize exempt funds in accounts before allowing a levy. Therefore, even if a creditor has a levy, it may not be enforceable on exempted accounts.

The Excitement of Victory

The victory in a civil lawsuit can be exhilarating, but the task of collecting the judgment is often far from straightforward. The emotional high of winning can quickly dissipate when the reality of enforcing the decision sets in. It is crucial to proceed methodically and strategically, considering all available options for enforcement.

In summary, enforcing a judgment is a complex and sometimes lengthy process. By understanding the steps involved and the legal strategies available, you can increase your chances of recovering your rightful compensation.