Enforcement OfficersIf the debtor is refusing to pay, you may need to get the help of an enforcement officer. Go to the local sheriff, constable, or marshall, and show them your judgement, and ask what help they can give you. They will probably charge a fee for their services, and you can add that fee to what you are allowed to collect from the debtor.Generally they can give the following help: - Property Execution - If you can show them that the debtor owns property that is not exempt, the enforcement officer can seize the property and sell it at auction.
- Income Execution - This is also called garnishment. If you can find where the debtor works, you may be able to collect 10%-25% of the debtor's take home pay. This amount various by state.
Some propery can not be collected: Household and personal items like furniture, kitchen appliances, TV, sewing machine, and tools of a person's trade are all exempt from collection. Generally the home lived in by the debtor is exempt up to a certain amount. Also if the spouse lives in the home, or the home is in both names, it may be more difficult to collect on the judgement by seizing the house. Sometimes it is possible to seize the home, sell it at auction, and return the exempt amount.Some items that are collectible: Vehicles, valuable jewelry, real estate, bank accounts, business equipment, stocks, bonds, contents of safety deposit box, etc. The judgement is good for ten years, and can possibly be extended for an additional ten years. | |