“I have a money judgment from the court, now what?” This question is often asked by people who have won a civil lawsuit. Most people assume that judgments are automatically collectible. Unfortunately, this is not always the case. A money judgment is worth no more than the paper on which it’s printed unless it is enforced.

Collection of a Money Judgment

Here are some of the tools that may be used to collect your money judgment:

1. Garnishment: A judgment creditor may garnish “all goods, personal property, money, credits, bonds, bills, notes, checks, choses in action, or other effects of debtor and all debts owed to debtor.” Garnishment efforts include: wage garnishments (a percentage of the judgment debtor’s income, per pay period) and bank garnishments (capturing funds held in deposit by a financial institution). A garnishment is served by the sheriff and creates a lien on all of the judgment debtor’s non-exempt personal property. The judgment debtor, called the garnishee, must respond to the garnishment within a time frame chosen by the judgment creditor. The time frame may be: 30, 60, 90, 120, 150, or 180 days. As a result of the response, you may be able to collect your money judgment.

2. Foreclosing Real Property: A Missouri circuit court judgment automatically creates a lien on real estate located within the county where the judgment is entered. As a result, the judgment lien gives the judgment creditor the right to foreclose on the real estate. The judgment creditor may ask the sheriff to sell the real estate at public auction, with the purchaser taking the property subject to any liens senior to that of the judgment creditor. A judgment creditor may pursue multiple foreclosures on multiple properties at any given time.

3. Foreclosing Personal Property: A Missouri circuit court judgment does not automatically create a lien on personal property. Instead, the judgment creditor must, through the sheriff, physically take possession of the judgment debtor’s personal property. The sheriff may conduct a public auction of the personal property, with the purchaser taking the property subject to any senior liens.

Useful Information to Help Collect a Money Judgment

A judgment debtor can make collection efforts difficult. It will be easier to collect a money judgment if you know the following information:

1. The Debtor’s Social Security Number;
2. The Debtor’s employer;
3. The Debtor’s educational level, special skills;
4. Whether the Debtor has the possibility of inheritance from someone else;
5. Whether someone else owes money to the Debtor;
6. Whether someone else is in possession of property belonging to the Debtor;
7. Whether the Debtor is a beneficiary of a trust;
8. The Debtor’s marital status;
9. A list of property you KNOW that the Debtor owns; and
10. Whether the Debtor has declared bankruptcy.

Finally, Missouri law presumes that a money judgment is paid if it not collected in ten (10) years. The ten (10) year time frame starts the day the judgment is signed. Before the ten years is up, you can ask the Court to “revive” your judgment. This keeps the judgment in place for another ten (10) years if not paid in full. The process to revive your judgment can take some time, so do not wait until the last minute to start the process.

Our attorneys can assist you with collection efforts.  Contact us or call us at (573)686-2459. We are here for you when you need us.