You won a judgment against a former tenant: how to actually collect
A court judgment is permission to collect, not a payment. The court will not collect for you. You usually have to find the tenant’s employer or bank and ask the court for a writ, garnishment or levy under your state’s process. Federal law caps ordinary wage garnishment at the lesser of 25 percent of weekly disposable earnings or the amount over 30 times the federal minimum hourly wage.
What a judgment gives you
After a small claims or civil case, the court enters a judgment for a set amount. It says the former tenant owes you. It does not move money. In many states the judgment also lets you take further steps, and it can earn interest, but you start those steps yourself. See suing a tenant in small claims for the case itself.
Collection rules, deadlines and exemptions differ by state, so find your court’s self-help page for judgment creditors. Many courts publish forms and the order of steps.
Step one: find what the tenant has
You need two facts before a court order helps: where the person works or banks, and what else they own. Common ways to learn that:
- The rental application: employer, work contact and bank are usually listed there. Keep it as long as your records rules allow.
- A debtor’s examination, where your state has one. The tenant answers questions about income and assets, often in court, under oath.
- Court forms that ask the debtor to list assets.
- Public records: property ownership, vehicle registration where your state allows it, business filings.
Do not use pretext, hacking or anyone’s private account. Use only lawful sources. If you hire a skip tracing or collection service, check how your state regulates them first.
The usual collection tools
| Tool | What it does | Watch for |
|---|---|---|
| Wage garnishment | The court orders the employer to withhold part of pay and send it to you | Federal and state caps on the share |
| Bank levy or account garnishment | The court orders a bank to freeze and turn over funds in the debtor’s account | Exempt funds such as some benefits, and fees |
| Property lien | A recorded claim on real estate the debtor owns | Paid mainly when the property is sold or refinanced |
| Payment plan | The debtor agrees to pay over time, ideally in a signed agreement | Get it in writing and keep records |
Federal law limits wage garnishment for ordinary debts. Under 15 U.S.C. 1673(a) the garnished amount for any week cannot exceed the lesser of two figures: 25 percent of that week’s disposable earnings, or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage. The statute excludes support orders, chapter 13 bankruptcy orders and tax debts from those limits. Some states set lower limits.
Example a made-up former tenant has disposable earnings of 700 for a week, and the judgment is 4,200. A 25 percent share is 175 per week. At that pace, 4,200 divided by 175 is 24 weeks, or about 6 months, if the job continues and no other creditor gets paid first. The other limit, based on 30 times the minimum wage, only matters when it is lower than 175.
A simple order of steps
- Confirm the judgment is final and the appeal period has passed.
- Send a written demand with the judgment amount, interest if allowed, and how to pay.
- Learn the court’s forms for a writ of execution or garnishment, and what each costs.
- Serve the employer or bank as the court requires.
- Track every payment received, apply it as the judgment says, and file the paperwork when paid in full.
- Keep the judgment’s deadline to renew in mind. Many states limit how long a judgment stays collectable unless renewed.
This is general information, not legal advice. Collection law is state specific. A local attorney or the court’s self-help center can confirm your steps.
How DoorKeeping handles it
DoorKeeping keeps the tenant ledger, the lease, notices and the deposit statement together, which are the documents a court clerk asks for. You can ask Claude or ChatGPT for the balance and a list of every charge and payment on a former tenant. Payments you receive on a judgment are recorded in that property’s books with the tenant ledger.
Sources
Questions
- Will the court collect my judgment for me?
- Generally no. The court enters the judgment, and you use tools such as garnishment or a bank levy to collect, following your state’s steps.
- How much of a tenant’s paycheck can I garnish?
- For ordinary debts, federal law caps it at the lesser of 25 percent of weekly disposable earnings or the amount over 30 times the federal minimum hourly wage. Some states set a lower cap.
- What if I do not know where the tenant works?
- Check the rental application, ask the court about a debtor’s examination if your state has one, and use only lawful records.
- Does a judgment last forever?
- No. Many states limit how long a judgment can be collected unless it is renewed, so check your state’s deadline.