How to Collect on a Judgment in Minnesota
Winning a judgment in court is only half the battle. Once you have a judgment, you need to collect on it. This can be a complex process, but there are steps you can take to increase your chances of success.
1. Docket the judgment
The first step is to docket the judgment. This means filing the judgment with the court clerk in the county where the judgment was won. Once the judgment is docketed, it becomes a public record and the judgment creditor (the person who won the judgment) can begin collecting on the debt.
2. Identify the judgment debtor’s assets
Once you have docketed the judgment, you need to identify the judgment debtor’s assets. This includes things like bank accounts, real estate, wages, and personal property. You can use a variety of methods to identify the judgment debtor’s assets, including:
- Requesting an order for disclosure: This is a court order that requires the judgment debtor to disclose their assets and liabilities.
- Hiring a private investigator: A private investigator can help you track down the judgment debtor’s assets.
- Searching public records: You can search public records, such as property records and business filings, to find information about the judgment debtor’s assets.
3. Collect on the judgment
Once you have identified the judgment debtor’s assets, you can begin collecting on the judgment. There are a number of ways to collect on a judgment, including:
- Wage garnishment: This allows you to have a portion of the judgment debtor’s wages withheld from their paycheck and paid to you.
- Bank levy: This allows you to seize money in the judgment debtor’s bank account.
- Lien: This allows you to place a lien on the judgment debtor’s property. A lien does not give you the right to sell the property, but it does give you the right to be paid from the proceeds of the sale if the property is sold.
- Judgment execution: This is a court order that allows the sheriff to seize and sell the judgment debtor’s property to satisfy the judgment.
4. Stay informed
It is important to stay informed about the judgment debtor’s financial situation. This will help you track down their assets and collect on the judgment. You can stay informed by:
- Monitoring the judgment debtor’s credit report: This will show you any changes in the judgment debtor’s financial situation, such as new debts or changes in employment.
- Hiring a skip tracer: A skip tracer is a professional who can help you locate the judgment debtor if they have moved or are trying to hide their assets.
5. Get help from an attorney
If you are having difficulty collecting on a judgment, you should get help from an attorney. An attorney can help you understand your rights and options, and they can take the necessary steps to collect on the judgment.
Additional tips
- Be patient. Collecting on a judgment can take time.
- Be persistent. Don’t give up on collecting on the judgment.
- Be professional. Treat the judgment debtor with respect, even if they are difficult to deal with.
- Be prepared to go to court. If you are unable to collect on the judgment out of court, you may need to go to court to enforce the judgment.
Disclaimer
This blog post is for informational purposes only and should not be construed as legal advice. If you have a question about collecting on a judgment, you should consult with an attorney.