Enforcement mechanisms include writs of execution against property, wage and account garnishment, judgment liens on real property, and post-judgment discovery into assets. Procedures are governed by state law.
Federal judgments are enforced under state procedures.
Alternative Names:
Execution on Judgment, Collection of Judgment
Why it Matters?
Post-judgment discovery into assets is available and broader than merits discovery in most jurisdictions, permitting examination of the judgment debtor and third parties about property and transfers. Fraudulent transfer claims frequently follow where assets moved after the claim arose. Domesticating a judgment in other states where the debtor holds property is the mechanism for reaching out-of-state assets.
Frequently Confused with
Related terms
Frequently asked questions
Is post-judgment discovery available?
How are out-of-state assets reached?
