The Judgment Collection and Exemption Toolkit

Litigation > Judgment Enforcement | Published 25 June 2026 - Updated 28 August 2026 | UpLaw - uplaw.us

⚠ Enforcement procedure is state law even in federal court — Rule 69. Every form, amount, and deadline here must be confirmed against your state's statute before use.

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Tool 1 — Post-judgment file opening sheet

Field	Entry
Case, court, and number
Date judgment entered
Judgment amount, costs, and fees
Statutory interest rate and accrual method
Automatic stay expiration
Supersedeas bond posted?
Bankruptcy check performed (date)
Was it a default? Service verified?
Judgment expiration date
Renewal deadline (and reminder one year prior)
Counties for recording
Debtor's last known address, employer, and bank

⭐ Fill in the renewal deadline on day one. It is the single field that, left blank, eventually destroys the judgment.

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Tool 2 — Asset investigation grid

Asset class	Where to look	Found	Encumbrances	Exemption	Net reachable
Wages	Examination, licensing records, employer subpoena			15 U.S.C. § 1673 cap
Contract income (1099)	Payer subpoenas			Levy as receivable
Deposit accounts	Bank subpoenas			Federal benefit lookback
Real property	County land records, tax rolls			Homestead
Vehicles and titled goods	Title records			Vehicle exemption
Business interests	Entity registrations			Charging order only
Receivables	Customer subpoenas			Prior UCC filings
Retirement	Examination, plan subpoena			Broad protection
Insurance cash value	Insurer subpoena			Varies
Claims owed to debtor	Court dockets, examination			Assignable
Recent transfers	Land records, examination			Fraudulent transfer

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Tool 3 — Debtor examination question set

Income and employment

1. Every employer, payer, or client in the last three years, and how you were paid.
2. Any income in cash, and from whom.
3. Anyone who pays your expenses directly.

Accounts 4. Every financial institution used in the last three years, with account numbers. 5. Every payment app or digital wallet holding value. 6. Every safe deposit box or storage unit.

Property 7. Every vehicle, boat, trailer, or titled item, in any name. 8. Every real property interest, including remainders and inherited interests. 9. Any property held by another person for you.

Business 10. Every entity in which you hold an interest, and the other owners. 11. Every entity that has paid you or your expenses.

Transfers and receivables 12. Every transfer over $500 in the last four years, to whom, and for what consideration. 13. Anything deeded, gifted, or sold since this case began. 14. Money owed to you — deposits, refunds, claims, tax refunds, inheritances.

⚠ Serve document requests before the examination. A deposition about documents produces answers; a deposition about memory produces "I don't recall."

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Tool 4 — Wage garnishment calculator

Line	Item	Amount
1	Gross earnings this period
2	Legally required deductions only
3	Disposable earnings (1 − 2)
4	25% of line 3
5	Thirty × federal minimum hourly wage for this pay frequency
6	Line 3 − line 5, floored at zero
7	Federal maximum — lesser of 4 and 6
8	State maximum if more protective (15 U.S.C. § 1675)
9	Senior withholding (support under 42 U.S.C. § 666; tax levy under 26 U.S.C. § 6331)
10	Amount to withhold

⚠ Line 2 is taxes, Social Security, and mandatory retirement only. Rent, insurance, and voluntary contributions do not reduce disposable earnings. Related provisions: § 1671, § 1672, § 1674, § 1676, § 1677.

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Tool 5 — Lien recording tracker

County / State	Instrument recorded	Date	Book/Page or Instrument No.	Expiration	Renewed	Released

☐ Record in every county where the debtor lives, works, or has ever owned property. ☐ Confirm the state's required instrument — abstract, certified copy, or a prescribed form. ☐ Note the priority date and identify senior mortgages, tax liens, and support arrears. ☐ Track the lien's own expiration separately from the judgment's. ☐ Record releases in every county on satisfaction.

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Tool 6 — Garnishment and levy application language

Wage garnishment application

Plaintiff, judgment creditor, applies for a continuing writ of garnishment directed to [Employer], the debtor's employer, for the unsatisfied balance of the judgment entered [date] in the amount of $[], plus accrued interest of $[] computed at [rate] from [date], for a total of $[___].

Withholding shall not exceed the maximum permitted by 15 U.S.C. § 1673 and [state statute], whichever is more protective of the debtor, and shall be subordinate to any senior withholding order for domestic support or federal tax.

Bank levy application

Plaintiff applies for a writ of garnishment directed to [Institution], which holds accounts of the judgment debtor, for the unsatisfied balance stated above. Plaintiff acknowledges that the garnishee must review the account for federal benefit deposits in the preceding two months and protect the corresponding amount, and that notice and a claim of exemption form must be served on the debtor.

Debtor notice cover language

NOTICE TO JUDGMENT DEBTOR: SOME OF YOUR MONEY MAY BE PROTECTED. Wages, Social Security, Supplemental Security Income, veterans benefits, retirement benefits, public assistance, and certain other property may be exempt from collection. To claim an exemption you must file the attached form with the court by [date] and send a copy to the creditor. If you do not file by that date, the money may be paid to the creditor even if it was protected.

⭐ Serving a clear notice is not a courtesy. In several states an inadequate notice is grounds to dissolve the levy and shift fees.

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Tool 7 — Turnover motion outline

1. The judgment, its amount, and the unsatisfied balance.
2. The specific property, identified with particularity.
3. The evidence that the debtor owns or controls it — examination testimony, records, titles.
4. That the property is not exempt, addressing each plausible exemption.
5. The relief: an order directing turnover to the officer or the creditor by a date certain.
6. That failure to comply is punishable as contempt.

⚠ Ask for turnover of identified property, not for "all non-exempt assets." Vague turnover orders are unenforceable by contempt because the debtor cannot know what compliance requires.

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Tool 8 — Fraudulent transfer badge scorecard

Badge	Present?	Evidence
Transfer to an insider
Debtor retained possession, use, or control
Transfer concealed
Made after suit was threatened or filed
Comprised substantially all assets
Debtor absconded or removed assets
Consideration not reasonably equivalent
Debtor was or became insolvent
Transfer shortly before or after a large debt was incurred

Then check the exclusions. ⚠ BFP v. Resolution Trust Corp., 511 U.S. 531 (1994), forecloses attacking the price at a regularly conducted, non-collusive foreclosure sale. In bankruptcy the parallel powers are at 11 U.S.C. § 544, § 547, and § 548; the background property rule is Butner v. United States, 440 U.S. 48 (1979).

☐ Record a lis pendens against transferred real property when you file. ☐ Name the transferee as a defendant. ☐ Seek avoidance, attachment, and a money judgment in the alternative. ☐ Calendar the limitations period — commonly four years, or one year after discovery.

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Tool 9 — Domestication checklist

☐ Confirm the judgment is alive and renewed in the rendering state. ☐ Obtain an authenticated or exemplified copy. ☐ File with the clerk in the new state under its registration statute; federal judgments use 28 U.S.C. § 1963. ☐ Serve notice on the debtor and wait out the objection period. ☐ Record liens in the new state's counties. ☐ Note the limits in Baker v. General Motors Corp., 522 U.S. 222 (1998), and the full faith and credit statute, 28 U.S.C. § 1738. ☐ Remember Peacock v. Thomas, 516 U.S. 349 (1996): a new claim against a non-party needs its own jurisdictional basis.

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Tool 10 — Exemption claim package (debtor side)

☐ The garnishment notice, deadline circled. ☐ The completed claim form, signed. ☐ Cover sheet listing each exemption claimed, the statute, and the exhibit proving it. ☐ Benefit award letters for every federal benefit — Social Security, SSI, VA (see 38 U.S.C. § 5301), federal retirement. ☐ Two months of account statements showing each deposit's source. ☐ Three recent pay stubs. ☐ Vehicle title and payoff statement. ☐ Mortgage statement and valuation for a homestead claim. ☐ Retirement account statements identifying plan type; ERISA plan enforcement framework at 29 U.S.C. § 1132. ☐ Proof of filing and proof of service on the creditor. ☐ Hearing date calendared.

⭐ The cover sheet decides these hearings. A judge with ten minutes grants an organized claim and continues a disorganized one — and a continuance means the money stays frozen.

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Tool 11 — Benefit segregation plan (debtor side)

☐ Elect direct deposit for every federal benefit. ☐ Open a dedicated account that receives benefits and nothing else. ☐ Do not deposit wages, gifts, tax refunds, or reimbursements into that account. ☐ Do not withdraw benefits as cash and redeposit them elsewhere. ☐ Pay expenses from that account directly, so the trace remains intact. ☐ Keep award letters and twelve months of statements accessible. ☐ If the account is ever frozen, file the exemption claim immediately and attach the statements.

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Tool 12 — Payoff demand and satisfaction agreement

Payoff demand (debtor to creditor)

Please provide a written payoff figure for the judgment entered [date] in [case], good through [date], itemizing principal, costs, accrued interest with the rate and computation method, and any other amount claimed. Please also identify every county in which an abstract or lien has been recorded.

Settlement and satisfaction agreement (core terms)

1. Payment. Debtor shall pay $[___] by [date] by [method].
2. Satisfaction. Within [10] days of clearance, Creditor shall file a full satisfaction of judgment with the court and record a release in each county listed in Exhibit A.
3. Releases. Creditor releases all claims arising from the judgment upon payment.
4. No further collection. Creditor shall withdraw all pending garnishments and levies within [3] business days of this agreement.
5. Default. If payment is not made, this agreement is void and the judgment stands in full, less any amount paid.
6. Credit and reporting. Creditor shall report the judgment as satisfied to any entity to which it has reported.
7. Authority. The signer warrants authority to bind the judgment holder.

⚠ Do not pay before this is signed, and do not treat a receipt as a substitute for a filed satisfaction.

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Tool 13 — Collectability analysis before suit

Factor	Finding	Weight
Insurance likely to respond		Often decisive
Employment above the garnishment floor		High
Real property in a reachable county		High
Senior liens and mortgages		Determines position
Entity solvency and operations		High
Would the judgment survive bankruptcy as pleaded?		Decisive for large claims
Estimated enforcement cost		Compare to expected recovery
Professional license or regulatory pressure		Moderate

⭐ Plead for collectability. The same facts stated as fraud or willful and malicious injury generally survive a discharge; stated only as breach of contract, they do not.

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Tool 14 — Cost and yield reference

Step	Cost	Typical yield
Recording an abstract	Low, one time	Full payment eventually, if property exists
Debtor's examination	Moderate	Information — the precondition for everything
Wage garnishment	Low per issuance	Steady, capped, reliable while employed
Bank levy	Low to moderate	Snapshot; frequently zero
Execution on goods	High, plus bond and storage	Often less than cost
Turnover order	Low	High where property is identified
Charging order	Moderate	Frequently zero
Receivership	Very high	Substantial in the right case
Fraudulent transfer suit	Very high	Substantial where badges are clear
Domestication	Moderate	Access to new remedies

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Tool 15 — Deadline calendar

Item	Timing
Automatic stay after entry	0–30 days by jurisdiction (Rule 62)
Motion to vacate a default	Often 30–60 days; void judgments at any time (Rule 55)
Exemption claim after notice	10–20 days, commonly
Garnishee answer	5–20 days
Judgment lien duration	5–20 years, renewable
Judgment renewal	Before expiration; not revivable after
Satisfaction after payment	Often 14–30 days after demand, with a statutory penalty
Fraudulent transfer action	Commonly 4 years, or 1 year after discovery

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Tool 16 — Authority reference

Rules: Rule 45 · Rule 55 · Rule 62 · Rule 64 · Rule 65 · Rule 69

Statutes: 15 U.S.C. § 1673 · 26 U.S.C. § 6321 · § 6323 · § 6331 · § 6334 · 11 U.S.C. § 362 · § 506 · § 522 · § 541 · § 727 · 28 U.S.C. § 1738 · § 1963

Cases: Sniadach (1969) · Fuentes (1972) · Butner (1979) · Whiting Pools (1983) · Doehr (1991) · Dewsnup (1992) · Nobelman (1993) · BFP (1994) · Peacock (1996) · Baker v. GM (1998) · Grupo Mexicano (1999)

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Tool 17 — Routing table

If the judgment arose from…	Start here
A small claims case	Small claims and self-representation
A consumer debt suit	Consumer credit reporting and debt collection
A construction dispute	Residential construction and home improvement
A business breakup	Owner disputes and business dissolution
A lease or eviction	Landlord and tenant law
An injury claim	Motor vehicle injury claims
Unpaid wages	Wage and hour law
Family support arrears	Child support
A tax assessment	Tax controversy for individuals
An arbitration award	Arbitration
A class settlement	Class actions and mass claims
A secured obligation	Secured transactions and liens
A mortgage default	Foreclosure and mortgage servicing
A benefits overpayment	Public benefits

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Tool 18 — Ten-line quick card

1. Check for bankruptcy before every enforcement step.
2. Record the abstract in every county — first, always.
3. Take the debtor's examination before spending on anything else.
4. Compute the wage cap correctly; the more protective rule governs.
5. Federal benefits by direct deposit are protected automatically.
6. Exemptions must be claimed on a form within days.
7. Contempt reaches disobedience, never inability to pay.
8. Search UCC filings before executing on business assets.
9. Renew the judgment before it expires.
10. Require a filed satisfaction, not a receipt.

Tool 19 — Motion to vacate a default judgment (debtor side)

1. The judgment — date, amount, and how you learned of it.
2. Service — what the affidavit of service says, and why it is wrong. Attach the affidavit and your evidence: lease or deed showing where you lived, employment records placing you elsewhere, a description that does not match you, a date you can disprove.
3. The ground — void for lack of personal jurisdiction, or excusable neglect, or fraud on the court.
4. Diligence — the date you learned of the judgment and what you did next. A gap of weeks is fatal on some grounds and irrelevant on others.
5. Meritorious defense — what you would have argued: the debt is not yours, the amount is wrong, it was paid, it is time-barred, the plaintiff cannot prove ownership of the account.
6. Relief — vacate the judgment, quash the garnishment, and restore any funds already taken.

⚠ Move immediately and ask for a stay of collection while the motion is pending. Money taken before the ruling is much harder to get back than money never taken.

☐ Attach the garnishment notice and any bank freeze notice. ☐ Ask the court to order the release of frozen exempt funds in the interim. ☐ Preserve the exemption claim separately — do not let the vacatur motion cause you to miss that deadline.

See sued by a stranger.

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Tool 20 — Employer's garnishee handbook

A garnishee that mishandles an order can be liable for the entire judgment. Give this to payroll.

☐ Log the service date. The answer deadline runs from it. ☐ Answer in writing on time, even to say the person is not employed. ☐ Identify competing orders. Domestic support and federal tax levies take priority over ordinary judgments. ☐ Compute using disposable earnings — gross minus legally required deductions only. ☐ Apply the lesser of the federal cap and any more protective state cap. ☐ Withhold each pay period until the order is satisfied or released, if the order is continuing. ☐ Remit to the correct payee on the schedule the order sets. ☐ Do not discharge the employee for garnishment on one indebtedness — 15 U.S.C. § 1674. ☐ Do not take a fee unless state law authorizes one, and only in the amount authorized. ☐ Notify the employee and provide a copy of the order and any exemption form. ☐ Stop on notice of bankruptcy. 11 U.S.C. § 362 applies to the employer too. ☐ Keep records of every computation and remittance.

See starting and running a small business and wage and hour law.

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Tool 21 — Business debtor supplement

☐ Pull the entity's filings — status, registered agent, officers, and any merger, conversion, or dissolution. ☐ Search UCC filings by exact legal name. A blanket lien defeats you before you begin. ☐ Identify receivables through customer subpoenas; they are the most productive commercial target. ☐ Check for a successor at the same address with a similar name, the same phone number, and the same crew. ☐ Assess veil piercing — commingling, ignored formalities, undercapitalization, injustice — and remember Peacock v. Thomas, 516 U.S. 349 (1996), on jurisdiction. ☐ Consider a receiver where the business operates and value is being dissipated. ☐ Consider a charging order for member interests, understanding it may yield nothing. ☐ Check for equipment leases — leased equipment is not the debtor's to seize.

⭐ The order matters: filings, then receivables, then successor analysis. Executing on equipment before checking the UCC index is the most common and most expensive error in commercial collection.

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Related Documents

• Winning Is Not Collecting: What Happens After the Judgment Is Entered
• Judgment Enforcement and Debtor Exemptions: A Comprehensive Guide to Garnishment, Liens, and Levies
• Collecting a Judgment or Protecting Exempt Property: A Practical Checklist
• The Small Claims and Judgment Collection Toolkit
• The Consumer Bankruptcy Toolkit
• The Consumer Debt and Credit Reporting Toolkit
• The Secured Transaction and Lien Priority Toolkit