Judgment enforcement is the legal process you use to collect money or property after a court awards a judgment in your favor. When a court rules in your favor in a civil lawsuit, you receive a judgment. Usually, it’s a sum of money that the losing party must pay.
Winning the case is only the beginning. Many creditors assume a judgment will lead to immediate payment, but that’s not always the case.
Debtors may ignore court orders, conceal assets, or move to other states, making collection difficult. Getting the money you’re owed requires a separate and sometimes complicated process.
This blog explains what judgment enforcement is, how it works, and what tools are available to help creditors collect.
How Does Judgment Enforcement Work?
Failing to enforce a judgment, or doing it incorrectly, can delay recovery, cause the judgment to lapse, or even result in legal consequences. You need a judgment enforcement strategy to make sure you can collect on the valid court order in your hands.
If the losing party (the judgment debtor) doesn’t pay, you (the judgment creditor) can use legal remedies to recover what you’re owed. A court judgment gives you enforceable rights, but it doesn’t automatically result in payment.
To recover the amount owed, you typically follow a two-phase process. Phase 1 involves locating the debtor’s assets. Phase 2 involves using court-authorized methods to collect. Let’s look at the tools available for each phase.
Tools to Help Locate a Debtor’s Assets
Locating the debtor’s income and property is the first step in enforcement. You may use one or more of the following legal tools to uncover where the debtor works, banks, or holds assets.
Information Subpoena
An information subpoena is a written set of questions you send to the debtor or third parties to reveal financial information. It helps you determine where the debtor works, maintains bank accounts, and owns property.
You can find separate forms for individual and business debtors on the New Jersey Judiciary’s website. If the debtor doesn’t respond, you can take further legal action.
Responses to this subpoena support future motions, like wage executions or bank levies.
Court-Ordered Discovery
If the information subpoena is ignored or doesn’t provide enough detail, you can file a motion for discovery with the court. If granted, you can question the debtor in person and under oath about their income, bank accounts, real estate, or personal property.
This method lets you ask the debtor and request documentation directly, under oath. It’s often a critical step in cases where the debtor may be hiding or undervaluing assets.
Asset Investigations
Sometimes you need public record searches or private investigations. Asset investigations may include searches of:
- County property records
- Business registration databases
- DMV vehicle ownership records
- Judgment or lien indexes
- Social media or public listings
You, your attorney, or a third-party service can perform this research. It is particularly useful if you’re getting limited or misleading information from the subpoenas.
Once you’ve identified potential assets, you can move to the collection phase.
Legal Remedies to Collect on a Judgment
When you know about the debtor’s income or assets, you can use court-authorized tools to collect what you’re owed. These enforcement methods need different filings, procedures, and, sometimes, hearings. But, they all help you convert a legal judgment into actual recovery.
Wage Execution (Garnishment)
Wage garnishment allows you to collect money right out of a debtor’s paycheck. In New Jersey, if the debtor earns more than $217.50 per week, the court may allow a wage execution order.
To begin, you must notify both the debtor and their employer by regular and certified mail. The next step involves filing the application, proof of service, and a $50 fee with the court.
If the debtor objects, the court may schedule a hearing. In the absence of any objections, the judge signs an Order for Wage Execution.
Afterward, you prepare a writ authorizing the sheriff to send the order to the employer. The employer then begins deducting some of the debtor’s wages and forwarding those funds to the sheriff until you’re fully paid.
Bank Levy
A bank levy freezes and retrieves funds straight from a debtor’s bank account. This process begins with you filing a Writ of Execution with the Clerk of the Superior Court and paying the required $50 court fee.
Once the court issues the writ, you must send it and the applicable sheriff’s fee to the sheriff in the county where the debtor’s bank is. The sheriff contacts the bank and freezes the account.
You then file a Motion to Turn Over Funds, which you must also serve on the bank, the debtor, and the sheriff. If the court approves the motion, the sheriff collects the frozen funds and applies them to your judgment balance.
Levy on Personal Property
If the debtor owns personal assets like cars, electronics, or business equipment, they can be seized. You must apply to the court for a writ permitting the sheriff to enter the debtor’s premises and seize non-exempt property.
The debtor can keep $1,000 worth of personal property. If the sheriff identifies eligible items exceeding that value, they may auction them at a public sale. The proceeds will then be used to satisfy your judgment.
Real Estate Execution
Real estate execution allows you to force the sale of property owned by the debtor, such as a home or commercial building. This is very costly and complex, so courts usually reserve this as a last resort.
The process requires court approval and entails a full title search, public notice of the sale, and significant sheriff’s fees. That’s a lot of expensive legal nuance, so you should seek legal counsel before proceeding with this option.
Moving beyond local enforcement, you may need to pursue debtors who have relocated to other states.
Enforcement Across State Lines
If the debtor has relocated or owns property outside of New Jersey, the Uniform Enforcement of Foreign Judgments Act allows judgment enforcement in other states. This involves filing the original judgment with the local court in the debtor’s new jurisdiction.
Once the court accepts your filing, you can enforce the judgment under that state’s procedures. Out-of-state creditors can also file their judgments in New Jersey and take advantage of its enforcement tools.
How Judgment Enforcement Typically Works
Here’s how most creditors successfully enforce their judgments:
- Get a docketed judgment: After prevailing in court, ensure the court dockets your judgment (e.g., assigns a “J” or “DJ” number in New Jersey).
- Investigate assets: Use an information subpoena or court discovery to identify the debtor’s income and property.
- Select an enforcement method: Choose a remedy based on what assets you find—wages, bank accounts, personal property, or real estate.
- File necessary court documents: Submit a wage execution application, writ of execution, or other enforcement paperwork. Include applicable fees.
- Serve required notices: Notify the debtor (and in some cases, third parties like employers or banks) via certified and regular mail.
- Work with the sheriff: Provide writs and fees to the county sheriff responsible for executing wage garnishments or asset seizures.
- Attend hearings (if needed): Be prepared to respond if the debtor challenges the enforcement.
- Collect funds or proceeds: Once the court approves enforcement and the sheriff completes the action, you receive the funds.
- File a Warrant to Satisfy Judgment: After you receive full payment, file this document with the court to close the matter and remove any lien.
After successful collection, you must take specific steps to properly close your case.
What Happens When the Judgment is Paid?
Once a debtor satisfies the judgment, you must take formal steps to close the case and clear the public record.
In New Jersey, you are legally required to file a Warrant to Satisfy Judgment with the court where you docketed the judgment. This document proves that the debtor paid the debt in full and instructs the court to remove the judgment from public record.
Here’s how the process works:
- Prepare the warrant form: Complete the Warrant to Satisfy Judgment form with the case details and confirmation of full payment. You or your attorney must sign it.
- Notarize the warrant: Most counties need you to notarize your signature before the court accepts the form.
- File with the appropriate court office: Submit the warrant to the civil division where you entered the judgment, or to the Superior Court Clerk’s Office if you docketed the judgment statewide.
- Pay the required filing fee: A $50 fee applies to docketed judgments; other filings may not need you to pay.
- Serve a copy to the debtor (recommended): Sending the debtor a copy can help clear their records and avoid confusion.
- Wait for the court to update the record: After processing, the court will mark the judgment as satisfied and remove any associated liens.
Understanding who can enforce judgments helps clarify your rights and options as a creditor.
Who Can Enforce a Judgment?
Any individual, business, or organization that has obtained a valid civil court judgment has the legal right to enforce it. In New Jersey, courts typically docket judgments with a “J” or “DJ” number and they remain enforceable for 20 years. Creditors also have the option to renew for another 20 years.
While you can technically act on your own, working with a judgment enforcement lawyer can significantly improve your chances of successful recovery. If the debtor is uncooperative, hiding assets, or located in another jurisdiction, they can be a big help.
When Legal Representation Matters
Judgment enforcement attorneys understand the tools and timing involved in collection. They can help you:
- Draft and file complex motions such as wage executions or bank levies
- Conduct detailed asset investigations and uncover hidden property
- Navigate inter-state enforcement under the Uniform Enforcement of Foreign Judgments Act
- Respond quickly to debtor objections or legal roadblocks
- Avoid procedural errors that could delay collection or invalidate enforcement
Legal support is especially valuable for business clients, landlords, or commercial lenders. These people often deal with high-value judgments or recurring collection needs. An experienced enforcement lawyer can manage the process and maintain compliance with court rules and timelines.
Whether you’re a business enforcing a six-figure judgment or an individual collecting a smaller award, a qualified judgment enforcement attorney can make the difference between a judgment on paper and actual payment in hand.
Judgment Enforcement FAQs
How long is a judgment enforceable in New Jersey?
You can enforce a judgment for 20 years, with an option to renew for another 20 years by court motion.
What income sources are exempt from enforcement?
The law exempts Social Security, SSI, veterans’ benefits, unemployment, and welfare from enforcement.
Can I enforce a judgment after the debtor declares bankruptcy?
You usually cannot enforce a judgment if the court discharges the debt in bankruptcy. You should confirm the status with a legal advisor.
What if I don’t know where the debtor’s money is?
You should start with an information subpoena or file a motion for discovery to investigate assets.
What Should Creditors Do Next?
Winning a judgment is only the beginning. To turn a court order into actual payment, you must take proactive steps. That usually includes gathering information, choosing the right enforcement method, and complying with legal procedures.
Whether through wage garnishment, bank levies, or asset seizure, your success depends on persistence, planning, and sometimes, professional legal help.
