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

Once the court has issued a judgment in favor of the plaintiff, the individual (or business) is required to pay the amount set by the court. This process is known as collecting a judgment. If the individual does not have assets, there are still certain steps the plaintiff can take to recover the judgment amount owed. The first step is to try to negotiate with the individual directly. The court will not usually assist in negotiations, so if the judgment-debtor is willing to enter into a payment agreement the plaintiff should try to work out repayment terms. If the individual does not have assets, there are other options available for collection. The plaintiff may request a wage garnishment from the South Carolina court. This process will require the individual’s employer to withhold a certain portion of their wages and send it directly to the plaintiff to satisfy the judgment. This process can only be used if the individual is employed and has a source of income. If the judgment-debtor has assets, the plaintiff can also attempt to place a lien on those assets. The lien will grant the plaintiff the right to take ownership of the asset or receive a certain portion of the proceeds from its sale. Finally, if all else fails, the plaintiff may also request a renewal of the judgment from the court. This will extend the amount of time in which the plaintiff can continue to collect on the judgment. In summary, if the defendant does not have assets, collecting the judgment can be challenging. However, it is not impossible. Negotiating with the defendant, garnishing wages, placing a lien on assets, and requesting a renewal of judgment are all possible options for recovering the amount owed.

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

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