Small Claims Judgment Collection on a Budget: Five Pro Tips

You sued in small claims court and won a money judgment. Now, it's time to collect. You've got a handle on the collection basics, but want some next-level suggestions that might give you a bit of an edge.

Here are five pro tips that go above and beyond the nuts and bolts of collection demands, wage garnishments, and bank account levies. We're also sensitive to the reality of small claims judgment creditors: Collection activities that make financial sense for a $250,000 judgment often aren't practical when you're trying to recover $2,500 or $5,000.

With planning and preparation, the steps we outline can be completed for $300 to $600. Of course, you can always choose to spend more, but do your best to make a collection budget and stick to it. Otherwise, before you know it, you'll be upside-down in your judgment—having paid more trying to collect than what the judgment is worth.

Finally, a word of caution: It's critical that you check state and local collection laws and procedures to find out what you're allowed to do and what's off limits. One wrong move can put you on the receiving end of a consumer protection lawsuit. If you're unsure about what lines you can't cross, get advice from a collections attorney.

File Judgment Liens as Soon as Possible

You've probably heard about judgment liens. Let's talk about what they do, why filing them quickly can be important, where to file them, and what to do once you've got them.

What Does a Judgment Lien Do?

In legal terms, a properly filed judgment lien attaches to the judgment debtor's real estate. In a few states, judgment liens also can attach to personal property like cars, boats, electronics, and more. Once it attaches, a judgment lien encumbers the property much like a mortgage. Before the property can be sold or refinanced, the buyer or lender will insist that the lien be removed. To do that, the judgment debtor will have to pay you or make other satisfactory arrangements.

In simpler terms, a judgment lien puts the world on notice that you have a claim against the judgment debtor's property, and it saves your place in line for payment. That last part—saving your place in the payment line—is especially important. Lawyers and judges call this "lien priority," because it determines the order in which creditors get paid if the property is sold to pay the judgment debtor's obligations.

Why Recording Judgment Liens Quickly Can Be Important

By now, you probably know why quicker is better: The closer you get to the front of the payment line, the more likely it is that you'll get paid. Ideally, you'd like to be the first creditor in the queue.

Don't be surprised, though, if others have beaten you to it. A purchase money lender, for example, almost certainly has a first priority lien—or they wouldn't have lent money to buy the property. If you're the first judgment creditor in line, that's probably the best you can hope for. Even if you're not, it's still better to have a judgment lien than not. Creditors with priority ahead of you might drop out once their liens have been paid or satisfied, moving you up in line.

There's one more reason why filing quickly can matter: Protection in bankruptcy. If you file before the judgment debtor runs to bankruptcy court, your liens might be preserved. Note that recording a judgment lien after the judgment debtor files for bankruptcy almost certainly violates the federal bankruptcy automatic stay rule. Don't try that without first speaking to a bankruptcy or collection attorney.

Where to Record Judgment Liens

Because collection money is tight, you might need to prioritize your judgment lien filings. File first in the counties where you know the judgment debtor owns real estate. In most cases, that'll be the county where they own a primary residence. Check there (and in other counties) for properties like a vacation home or investment land.

In addition, do a search in counties where the judgment debtor has relatives. You might find property they own jointly with family members. Special rules likely protect a co-owner's interest, but the judgment debtor's share of the property is fair game—subject to state exemption laws.

What to Do Once You Have a Judgment Lien

In most states, a judgment lien remains good (or can be renewed) for many years—maybe even for the life of your judgment. A judgment lien isn't likely to put cash in your pocket right away, unless the judgment debtor has immediate plans for the property or is upset by having your lien cloud the title.

If you want to execute on your lien—force a sale of the property—state law might let you do that. But if you're worried about execution pushing the judgment debtor into bankruptcy, a judgment lien gives you this option: Just sit tight and wait. With a minimum of effort on your part, you'll cash in when the judgment debtor sells or tries to refinance the property.

There's no need to haggle, threaten, or cajole. A judgment lien does most of the work for you.

Cost to Record a Judgment Lien

You'll probably pay between $10 and $50 to record a judgment lien. The agency where you'll record—usually the county recorder or register of deeds office—might publish a fee schedule you can find online. If you need, say, three judgment liens, you'll be out of pocket $30 to $150.

Use Post-Judgment Interrogatories to Discover Assets

A judgment debtor who won't pay isn't going to voluntarily tell you where their money is, but you can take steps to find it. In particular, look into sending them post-judgment interrogatories—written questions they must answer in writing and under oath. These interrogatories can be either:

• pre-drafted form questions approved by the court, or
• questions you draft on your own.

Form Interrogatories Example

For example, here are the form interrogatories approved for use in Georgia's small claims court, called the magistrate's court. See if your state court or local small claims court website has approved form questions. If so, chances are you must use those, and aren't allowed to draft your own questions.

Procedure for Sending and Answering Interrogatories

Before sending interrogatories, check your state and local rules to find out what procedure you must follow. In some states, you file a motion asking the court's permission. Expect to pay a small motion fee. Look for a limit on the number of questions you can ask, the number of times you can send interrogatories, or both. Unless your state requires personal service, send them by certified mail. Get a return receipt to prove delivery.

The judgment debtor must provide written answers, under oath, within a specified period—often 30 days. Failure to answer can land the judgment debtor in hot water with the court. But you'll have to file a document called a "motion to compel," explaining to the court that you sent interrogatories, the judgment debtor failed to answer, and the time for responding has passed.

Cost of Sending Interrogatories

Interrogatories are a low-cost way to get useful collection information. Amounts vary by state, but the range is likely to be between $25 and $75 dollars.

Collect Records With Subpoenas

Once you've learned where the judgment debtor works, has bank or brokerage accounts, or transacts other business, consider using subpoenas to collect records from those sources. A subpoena is a court order that compels the recipient to either:

• produce records, or
• appear for a deposition and bring records with them.

When you're collecting on a budget, you're most interested in a "records subpoena," which requires the recipient to produce business documents and information you request. Depositions can be helpful, but odds are they're beyond your collection means.

Getting a Records Subpoena Issued

Find the records subpoena form online at your state or local court website, or get it from the court clerk's office. Be sure to provide all required information, and clearly itemize the things you want the recipient to produce. All requests should directly relate to your collection efforts. Specify that you want the recipient to furnish a business records affidavit—a statement under oath testifying to the authenticity of the documents.

The court clerk "issues" a subpoena by signing it. When that's done, you'll need to arrange to have the subpoena served on the recipient. If you can serve it by certified mail (make sure to get a return receipt), that'll be the lowest-cost option. Otherwise, you must arrange for a process server, which will increase your out-of-pocket expense. State law probably requires that you mail a copy to the judgment debtor, too.

There's always a chance that the judgment debtor or the recipient will object to your subpoena, asking the court to quash or limit it. Should that happen, you'll have to go to court and defend your requests. Be prepared to explain why each request is reasonable and directly relates to your collection efforts.

What Does a Records Subpoena Cost?

You'll pay the clerk's fee for a subpoena (probably $10 to $25), the cost to have it served (nominal for certified mail; between $50 and $100 for a process server), and the costs to have the recipient do a record search, make copies, and prepare a business records affidavit (depending on the scope of your request, another $50 to $100).

When all is said and done, for a subpoena you serve by certified mail, expect to be out $100—give or take $20 either way.

Keep Your Judgment and Judgment Liens Alive

Judgments don't last forever. They're usually good for between 5 and 20 years, depending on state law. What if you haven't collected and need more time? The good news is that most states let you renew your judgment, along with any judgment liens you've recorded.

The bad news is that you'll almost always need to act before your judgment expires. In addition, renewing your judgment usually won't automatically extend your judgment liens. Extending those liens is a separate procedure. Be sure to extend your judgment liens before they run out so you can keep your place in the priority line.

When your judgment expires, so do all your judgment liens. You've lost your right to collect the amount you were owed by the judgment debtor.

Learn more about judgments and judgment liens in your state, how long they last, and how you can renew or extend them.

Look for Creative Ways to Collect

Judgment creditors understandably look to traditional collection sources—wage garnishments and bank levies, for example—often to the exclusion of other, more creative strategies. Here are a couple of alternatives that usually get overlooked.

Suspension of Driving Privileges for Auto Accident Judgments

Suppose you're injured, or your property is damaged, by an uninsured motorist. In some states, an auto accident judgment debtor's driver's license can be suspended by the department of motor vehicles if they don't pay the judgment. Though technically not a collection method, the threat of losing their license might be enough to get some uninsured judgment debtors to pay.

Check your state law for details. The process varies, but generally works something like this.

• Unpaid auto accident judgment. You get a judgment in an auto accident case—probably against an uninsured driver—and your judgment remains unpaid for a specified period (typically 30 to 60 days).
• Certified copy to state. At the end of the specified period, you ask the court clerk to send a certified copy of the judgment to the state's department of motor vehicles (or similar agency).
• State suspends license. On receipt of the unpaid judgment, the department must suspend the judgment debtor's driving privileges, often for as long as the judgment remains unpaid. Other penalties might be imposed, too.

There might be exceptions that let the judgment debtor avoid or shorten a suspension.

Here are some representative examples of state license suspension laws.

• Florida. Under Fla. Stat. § 324.111 (2025), when an auto accident judgment remains unpaid after 30 days, the judgment creditor can ask the court clerk to forward a certified copy of the judgment to the Florida Department of Motor Vehicles. On receipt of the judgment, the department "shall...suspend" the judgment debtor's license and vehicle registration. (Fla. Stat. § 324.121(1) (2025).)
• Texas. Tex. Trans. Code § 601.331(a) (2025) provides that when an auto accident judgment isn't paid within 60 days, the judgment creditor can ask that the court clerk send a certified copy of the judgment to the Texas Department of Public Safety. The department must then suspend the judgment debtor's license and registration. (Tex. Trans. Code § 601.332(a) (2025).
• Ohio. When an auto accident judgment remains unpaid for 30 days or more, the judgment creditor can ask the court clerk to send a certified copy of the judgment to the state registrar of motor vehicles. (Ohio Rev. Code § 4509.35 (2025).) Upon receipt of the judgment, the registrar "shall impose" suspension of the judgment debtor's driving privileges. (Ohio Rev. Code § 4509.37(A) (2025).)

Professional Bonds and Recovery Funds

States often require that certain licensed professionals post surety bonds or pay into a state recovery fund to cover customer losses. When you get a judgment against one of them, you can look to their bond or the state fund to pay all or part of what you're owed.

The amount you can recover varies, but the limit is generally from $10,000 to $50,000. Act quickly, because there's a deadline to make a claim against the bond or fund.

To qualify, you'll need to show that:

• the judgment debtor holds (or held) a professional license from the state
• state law required the professional to post a surety bond or make contributions to a state recovery fund
• the judgment debtor is without assets to pay your judgment
• your claim falls within the scope of the bond or state fund, meaning it arose out of bonded or recovery fund activities
• you've tried to collect, without success, and
• you've followed the procedural requirements mandated by state law.

What professions are covered? It depends on state law, but these are common:

• construction and renovation contractors
• collection agencies
• real estate brokers and agencies
• mortgage brokers
• auto dealers
• telemarketers, and
• credit counseling and debt reduction agencies.

Have Questions?

Need more help collecting your small claims judgment? Your state courts website, a state or local legal aid office, or the state bar association might be a good place to start. Quite often, you can find guides to post-judgment discovery and small claims collections online. Just be sure you follow all applicable state and local small claims rules.

For example, Nevada small claims judgment creditors can look to the Legal Aid Center of Southern Nevada's "Collecting a Small Claims Judgment" page. The Georgia Council of Magistrate Court Judges has compiled this helpful forms page. In California, the Legal Aid Society of San Francisco offers a step-by-step collection guide. While the guide applies specifically to an employee trying to collect a judgment against their employer, many of the suggestions can be extrapolated to most any kind of California small claims judgment.

If you can't get the help you need online, call the small claims clerk's office and see if they'll answer your questions. Even if they can't help, they might be able to refer you to free or low-cost legal assistance.

Finally, there's no substitute for the guidance of a local collections attorney. An hour of lawyer time is probably within your budget, and experienced counsel can help you plan a course that will make the most of your collection efforts.