Judgments and Collection: After the Court Rules

What a judgment is, when it becomes enforceable, how money judgments are collected, which property is protected, and how judgments are satisfied or challenged. This Lawtopolis course on judgment collection has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about judgment collection

• When a federal judgment is entered and when it can be enforced
• How costs, attorney’s fees and post-judgment interest work
• How writs of execution, liens and garnishment work, and how they follow state law
• What property is protected from collection, and how a judgment is satisfied

Who this course is for

• Parties who won or lost a money judgment
• Paralegals, law students and small-business owners

Lessons in this course

1. What a judgment is

A judgment is the court’s decree or any order from which an appeal lies (FRCP 54(a)). Under FRCP 58(a), every judgment must generally be set out in a separate document. The judgment is entered when it is entered in the civil docket and, where a separate document is required, when it is set out in one or 150 days have run from the docket entry (FRCP 58(c)).

2. When a judgment can be enforced

Under FRCP 62(a), execution on a federal judgment and proceedings to enforce it are stayed for 30 days after entry, unless the court orders otherwise. After that, a party who wants to stop enforcement during an appeal usually must obtain a stay, often by posting a bond or other security (FRCP 62(b)).

3. How money judgments are collected

A judgment does not pay itself. Under FRCP 69(a)(1), a federal money judgment is enforced by a writ of execution, and the procedure must follow the law of the state where the court sits, unless a federal statute applies. That is why collection looks so similar in state and federal court.

4. Property protected from collection

Federal and state laws protect some property and income from collection. For example, 42 U.S.C. § 407 generally protects Social Security benefits from execution, levy, attachment and garnishment. The federal Consumer Credit Protection Act limits wage garnishment for most ordinary debts to the lesser of 25% of disposable earnings for the week or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage (15 U.S.C. § 1673). States may give more protection.

5. Satisfying or challenging a judgment

When a judgment is paid, the creditor files an acknowledgment or satisfaction of judgment, so the court record and any liens show it has been paid. Keep proof of every payment.

Next steps after this judgment collection course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

All sales are final. Refunds are not available on courses or All-Access. See our refund policy.