I have a judgement against a defendant.He has stopped making payments.What is the best way to ensure I get my money.

Question

I have a judgement against a defendant.He has stopped making payments.What is the best way to ensure I get my money.

Answer

Get a lawyer who can assist you with a writ of execution. There is no wage garnishment in PA (I assume the judgment is in PA and that the debtor lives in PA) for most things except unpaid rent. If this is for back rent, then get a lawyer to assist with wage garnishment. If it is some other kind of money judgment, then you will have to see what other kinds of assets the debtor has. If he owns anything free and clear, it can be seized and sold - there is no exemption for land or cars. If he has more than $300 in the bank, you can seize that too.

Judgments on real property are good for 5 years and can be renewed; judgments on personal property are good for 20 years.

Other than that, the debtor is most likely having some financial problems. You have already sued and got a judgment against him and if he has no assets that you can seize and sell, there really is nothing that you can do. If you are decent, maybe you and the debtor can work together - allow him to save and pay you a lump sum or reduce the payments for 6 months, and then see if things are better.

However, if you make a fuss and get a lawyer to execute and he has nothing, then he will save up but he may file bankruptcy (depending on his circumstances) and in that case, chances are that you will get absolutely nothing. So forcing him into bankruptcy is ultimately not in your best interests.