Judgment Recovery – Will The Court Enforce My Awarded Judgment

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When individuals are awarded a judgment in their favor they very often mistakenly believe that the civil courts will compel the debtor to turn over the money owed. Relief and joy very soon gives way to frustration and disappointment once the creditors learns that the civil court system will not compel the debtor to turn over the funds that are owed to the creditor. 

Although the courts have ruled in favor of the creditor, they will do very little to further the collection process. However, the civil courts do allow the use of tools to help the creditor collect money owed with full authority of the court system. Some of the tools available to the creditor is the use of wage garnishment that are delivered to the debtor’s employer and enforced by the local sheriff. Every pay period, a percentage of up to twenty five percent of the debtor’s pay will be taken out and delivered to the creditor. Wage garnishments will continue until the debt is satisfied and paid in full or the debtor leaves the place of employment. 

Another tool that is readily available and is frequently utilized by judgment creditors is the bank levy. If the back accounts of a debtor can be located, the proper paperwork can be drawn up and a order to turn over funds is issued to the bank holding the debtor’s funds. The bank will hold the funds up to twenty one days to give the debtor ample time to dispute the judgment before the funds are released to the judgment creditor. If after twenty one days the debtor cannot dispute the validity of the court ordered levy, the bank will release the funds to the judgment creditor. 

It should be noted however that the levy is only good for the balance on hand the day the levy is received from the judgment creditor. Once the bank levy is processed and funds are withdrawn from the debtor’s accounts and placed on hold for twenty one days, the debtor can deposit funds back in the account without them being removed. It is often misunderstood that a bank levy freezes the account of a debtor and funds will be automatically sent to the judgment creditor each time money is deposited in the account. A bank levy is only good for the day received by the bank and only for the balance available when the paperwork is processed by the bank. A new levy must issued each time and is only good for that day. 

These are just two tools available to the judgment creditor and can be utilized to help enforce judgment and collect money owed to the creditor. Although the courts provide these tools for use in the collection process with the full authority and weight of the court, the courts however leave the implementation of these tools up to the desecration of the creditor.

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