Enforcing a Money Judgment: Writs of Execution, Liens and Registration

Writ of execution

A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

Fed. R. Civ. P. 69(a)(1)

In practice, this means state collection tools — garnishment of wages and bank accounts, levies on property, debtor examinations — apply to federal judgments too. In addition, state exemption laws protect certain property, such as part of wages and some household items.

Judgment liens and interest

Under 28 U.S.C. § 1962, “Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State.” Usually that requires recording the judgment in the county land records. Meanwhile, “Interest shall be allowed on any money judgment in a civil case recovered in a district court” (28 U.S.C. § 1961(a)).

Registration in another district

If the debtor’s property is elsewhere, a final money judgment “may be registered by filing a certified copy of the judgment in any other district,” and a registered judgment “shall have the same effect as a judgment of the district court of the district where registered” (28 U.S.C. § 1963). State-court judgments move between states under each state’s version of the Uniform Enforcement of Foreign Judgments Act.

Default judgments

Many judgments are entered by default. When a defendant “has failed to plead or otherwise defend,” the clerk must enter the default (Rule 55(a)). For a sum certain, the clerk may then enter judgment; otherwise, the party must apply to the court (Rule 55(b)). A defendant can ask to set aside a default for good cause, or a default judgment under Rule 60(b).

Researching enforcing a judgment in your state

To research enforcing a judgment for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• law.cornell.edu

Related reading on Lawtopolis:

• Void and Voidable Judgments: When a Judgment Can Be Set Aside
• Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment
• Defending a Debt Collection Lawsuit