Judgment Enforcement

Judgment Enforcement

Judgment Enforcement

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 asked questions

Is post-judgment discovery available?

Is post-judgment discovery available?

Yes, and it is broader than merits discovery in most jurisdictions, reaching the debtor and third parties on assets and transfers.

How are out-of-state assets reached?

How are out-of-state assets reached?

By domesticating the judgment in the state where the property is located, which permits enforcement there.