How do I collect a judgment from an individual who does not have assets?

When a defendant does not have assets to satisfy a judgment granted in a small claims court in Maryland, the plaintiff may collect payment through garnishment. This means the debtor’s employer will be served with a wage garnishment order, and the employer will be required to deduct an amount from the debtor’s wages and pay it to the plaintiff. Other potential sources for garnishment include any money the debtor is due from a government agency, such as unemployment compensation, Social Security benefits, and state or federal tax refunds. To garnish a bank account, the plaintiff must have the debtor’s bank account number. Aside from garnishment, another way to collect a judgment is through a writ of execution. This is an order instructing the sheriff or marshal to take and sell the debtor’s non-exempt property to pay the judgment. Non-exempt property includes items that are not necessary for the debtor’s support and standard of living, such as second vehicles, boats, jewelry, and art. When the property is sold, the money goes to the plaintiff. In some cases, the debtor may make a voluntary payment plan by which they make payments to the plaintiff. The debtor must agree to the payment plan, and the court must approve it. When a defendant does not have any assets to satisfy the judgment, the plaintiff may have a difficult time collecting the money. However, it is still possible to pursue collection through garnishment or by using a writ of execution. The debtor may also offer to make a payment plan that is approved by the court.

Related FAQs

How do I find out if a small claims court case is still active?
What is the difference between a motion for judgment and a motion for new trial in small claims court?
Can I get a restraining order in a small claims court case?
Can I request attorney fees in a small claims court case?
How do I file a motion to have a case heard in small claims court?
What types of disputes are eligible for small claims court?
How long do I have to wait for a court date in a small claims court case?
What is the difference between mediation and arbitration in small claims court?
What is the difference between small claims court and civil court?
Can I countersue the other party in a small claims court case?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023