What is a writ of execution and how do you use one to collect a judgment?

Winning a judgment in small claims court or civil court is not the end of the collection process — it is the beginning of enforcement. A judgment establishes that the debtor owes the money; a writ of execution is the tool that compels them to pay it. Once a court issues a writ, the sheriff or marshal can levy bank accounts, seize personal property, and in some states garnish wages. The specific assets available for levy vary by state, and many states exempt basic personal property and a portion of wages.

Obtaining a writ of execution requires returning to the court that issued the judgment, filing a request, and often paying a filing fee. The creditor must then provide the court officer with information about where the debtor has assets — a bank name and account number, an employer's name and address for wage garnishment, or a description of personal property. If you don't know where the debtor banks or works, a debtor examination (also called a judgment debtor examination) allows you to compel the debtor to appear in court and answer questions about their assets under oath.

Writs of execution are most useful when the debtor has identifiable, accessible assets. Against a debtor with no bank account, no wages, and no non-exempt property, a writ produces nothing — this is sometimes called being 'judgment proof.' Before pursuing court action on a significant balance, it is worth investigating whether the debtor has collectible assets. Not legal advice; consult an attorney in your jurisdiction before initiating enforcement proceedings.