The Debtor Won't Pay: How to Collect a Small Claims Judgment

A small claims judgment is a court order saying you're owed money — it isn't the money itself. The court doesn't collect for you, doesn't take it out of the debtor's account, and won't chase them down. If they don't pay voluntarily, collecting is on you, and it uses different tools than the ones that got you the judgment in the first place.

1. Ask first — it's free

Before spending anything on collection, send the debtor the judgment and a demand for payment. Some pay once it's official; a lot don't. Every collection method below costs a filing or service fee on top of the judgment amount, so it's worth ruling out the free option before you spend on the others.

2. The judgment is earning interest while you wait

An unpaid judgment accrues interest from the day it's entered, at a rate set by your state's statute — for example, California sets its default rate under Code of Civil Procedure §685.010. That means waiting to collect doesn't shrink what you're owed — see the Judgment Interest Calculator for how much has accrued on yours so far.

3. Wage garnishment, if they have a job

If you know where the debtor works, you can ask the court for a wage garnishment order directing the employer to withhold part of each paycheck and send it to you. Federal law caps how much of any one paycheck can be taken — California, for instance, applies that cap through Code of Civil Procedure §706.050 — and the exact percentage and low-income exemptions vary by state. The Wage Garnishment Calculator shows what's actually garnishable from a given paycheck, by state.

4. A bank levy, if you know where they bank

If you know the debtor's bank, a sheriff (or, in New York City, a City Marshal) can be directed to levy the account for the amount owed under a writ of execution. This costs its own filing and service fee, and in some states the officer keeps a percentage of what's actually collected rather than a flat fee. The Judgment Collection Cost Calculator breaks down what a bank levy costs in your state before you file for one.

5. Judgments expire — don't let yours lapse

A judgment is only collectible for a set number of years before it expires, and that clock keeps running even while you're trying to collect. Most states let you renew before that happens, usually for a modest fee, which restarts the clock and preserves your right to keep pursuing wage garnishment or a bank levy. Check when yours expires — and what renewing costs — with the Judgment Renewal Calculator.

If you haven't filed yet and are still weighing whether a claim is worth it, start with How to File a Small Claims Case.