Winning a judgment in court is an important legal milestone, but it doesn’t automatically mean you’ll be paid. Often, the debtor won’t voluntarily hand over what they owe. Fortunately, if the debtor has assets, the law gives you the right to pursue them through legal enforcement methods. But not all assets are fair game.
So, what exactly can be seized to satisfy a judgment?
This post outlines the types of assets typically subject to collection—and what limitations might apply.
Understanding Judgment Enforcement
Once a judgment is entered in your favor, you have the legal authority to collect the money through court-approved enforcement tools. This means you can:
- Garnish wages
- Levy bank accounts
- Place liens on property
- Seize personal or business assets (in some cases)
However, to take any of these steps, you generally need to file a separate request with the court, obtain a writ or order, and follow strict procedures.
1. Wages
Wage garnishment is one of the most common ways to collect a judgment. If the debtor is employed, you can request a court order directing their employer to withhold a portion of their paycheck.
Key Points:
- There are federal and state limits on how much can be garnished.
- The federal cap is typically 25% of disposable earnings or the amount by which wages exceed 30 times the federal minimum wage—whichever is less.
- Some states have stricter protections for debtors.
Wage garnishment is effective, but if the debtor is self-employed, unemployed, or working under the table, it may not be an option.
2. Bank Accounts
A bank levy allows you to freeze and seize funds from a debtor’s account. This requires obtaining a court order and serving it on the bank where the account is held.
What You Can Collect:
- Checking and savings account balances
- Recently deposited wages (depending on timing and state rules)
- Funds held in joint accounts (with some restrictions)
What You Can’t Collect:
- Exempt funds like Social Security, veterans’ benefits, or child support
- Accounts with insufficient funds at the time of levy
Timing is crucial with bank levies. Once the account is frozen, the funds may be held for a short period before being transferred—so acting quickly and accurately is important.
3. Real Estate and Property Liens
You can record a lien against the debtor’s real estate, which can sit quietly on the property until the debtor tries to sell or refinance.
How It Works:
- A judgment lien doesn’t force a sale but acts as a “cloud” on title.
- When the debtor tries to transfer the property, they must satisfy the lien (i.e., pay the judgment).
- In some cases, you may request a court-ordered foreclosure sale—but this is rare and usually only pursued in high-value judgments.
4. Vehicles and Personal Property
Under certain conditions, you can have the sheriff or a court officer seize and sell personal property, such as:
- Cars, trucks, boats
- Equipment or tools
- Luxury items (jewelry, art, collectibles)
This is known as a writ of execution, and it typically involves additional court procedures and costs. While possible, it’s less common due to the effort and expense involved—especially if the property is heavily financed or of limited resale value.
5. Business Assets
If the judgment is against a business or the debtor owns a company, you may be able to target:
- Inventory
- Equipment
- Receivables
- Bank accounts held in the business name
Keep in mind that collecting from a business often involves more investigation and legal steps—especially if the debtor tries to shield assets by shifting them to another entity.
Assets That Are Typically Exempt
Each state has a list of exempt assets that cannot be seized, even to satisfy a valid judgment. Common exemptions include:
- A portion of wages (as noted above)
- Primary residence (homestead exemption, varies by state)
- Retirement accounts (401(k), IRA)
- Public benefits (Social Security, disability, unemployment)
- Essential household goods or tools of the trade (up to a certain value)
These exemptions are meant to ensure that debtors are not left destitute, but they can complicate the collection process.
Finding the Assets
Before you can seize anything, you need to identify and locate the debtor’s assets. This is often the most difficult part. A judgment collection attorney may use tools like:
- Skip tracing
- Asset searches
- Public records review
- Post-judgment discovery or depositions
Once assets are located, legal action can begin to seize them—efficiently and lawfully.
Conclusion: The Right Strategy Depends on the Assets
Judgment collection is not one-size-fits-all. Some debtors are easy to collect from, while others hide or lack assets altogether. The key is knowing what can be seized, what’s off limits, and how to get to it.
If you’ve won a judgment and are ready to pursue the debtor’s assets, working with an experienced collection attorney can make all the difference. Legal guidance ensures you follow the right procedures, maximize recovery, and avoid costly mistakes. We recommend Judgement Collection Attorney.
