It is often said that civil courts do not get involved in enforcing judgments. That is not quite true. It is more accurate to say that their involvement is limited. They do not directly enforce. Rather they assist in enforcement efforts when there are things they can do based on their authority under the law.
If court involvement in enforcement is limited, who does the bulk of the work? The winning party. In a case involving a monetary award, that party would be known as the judgment creditor. The losing party would be the judgment debtor.
A creditor could return to court for further assistance if necessary. According to Judgment Collectors, a Utah judgment collection agency active in 11 states, there are five ways courts normally exercise their limited authority to assist:
1. Issuing Orders as Allowed by Law
Judgment creditors have a variety of tools at their disposal for collecting money judgments. The first is working out a payment plan. Doing so does not require any further court involvement. But what about the other tools? Courts get involved when:
- The two parties work out a settlement.
- The creditor wants to garnish wages or bank accounts.
- The creditor wants to file a property lien.
- The creditor wants a writ of execution.
All four of these things can only be accomplished through court order. The court signs the order, thus allowing the creditor to take enforcement action.
2. Conducting Debtor Examinations
Debtors are expected to furnish appropriate financial information following a monetary judgment. If a creditor has reason to believe that the debtor is not being forthcoming, he can request that the court conduct a debtor examination. This would mean the debtor comes to court and answers questions under oath.
3. Ruling on Enforcement Disputes
From time to time, disputes arise between judgment creditor and debtor during the enforcement process. Such disputes need to be settled before enforcement can proceed. This is less a matter of enforcement and more a matter of adjudication. As a result, court intervention is necessary.
4. Imposing Sanctions on Parties
When a court hands down an order to facilitate judgment enforcement, that order is not merely a suggestion. It is not optional. A failure to comply could lead to sanctions by the court. In addition, it could lead to further orders as well.
For example, perhaps the court schedules a debtor examination. Let us say the debtor does not show. The court could issue a bench warrant for the debtor’s arrest. The debtor would be forcibly brought into court by the sheriff.
5. Renewing Judgments Prior to Expiration
Each of the states has its own statute of limitations on civil judgments. On average, the statute of limitations is 7-10 years. A creditor in a money judgment case would have that much time to collect. What if the creditor fails? Most states allow judgment renewal.
As long as the creditor files a renewal application before expiration, he is generally granted an additional amount of time to collect. Granting renewals is a function of the court. And in fact, a court is the only entity with the authority to renew a judgment.
While it is true that court intervention in judgment enforcement is limited, it is not accurate to say that courts aren’t involved in enforcement in any way. They do participate when further orders are required. They issue the necessary orders and then leave judgment creditors to enforce said orders. From time to time, a creditor may have to rely on the local sheriff’s department for assistance. Still, enforcement is left up to the creditor.
