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I won my case โ€” how do I actually collect the money?

Last updated: 2026-07-12 ยท Educational content; not legal advice.

Short answer

Winning a judgment does not automatically move money into your hands; you enforce it through execution under Rule 39 of the Rules of Court. Once the decision is final and executory (in small claims, immediately), you file a motion for a writ of execution; the court issues the writ and a sheriff enforces it. The sheriff can garnish the losing party's bank deposits and receivables, levy on and sell their non-exempt personal or real property at auction, and apply the proceeds to your judgment plus lawful costs. If the debtor's assets are not obvious, you can ask the court to have the debtor examined to disclose income and property.

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Frequently asked

What is garnishment?

Garnishment is when the sheriff orders a third party holding the debtor's money โ€” most often a bank, or an employer holding wages/receivables โ€” to turn over enough to satisfy the judgment. It is one of the most effective execution tools when you know where the debtor banks.

Can everything the debtor owns be seized?

No. Rule 39 exempts certain property from execution โ€” for example, necessary clothing, ordinary tools of the debtor's trade or profession, and other items the law protects. Non-exempt property can be levied and sold at auction to pay you.

What if the debtor has no money or hides assets?

You can move for an examination of the judgment debtor so the court can compel disclosure of income and property, and the writ can be enforced against assets discovered later. A judgment can be enforced by motion within five (5) years, and by an independent action within the following five years.

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