What is the Least Expensive Way to Collect Money Someone Owes You?

Full question:

There are 6 family's that live on a private road which we maintain. We had gravel put on the road at a cost of $186 per family. There is one woman refusing to pay her share even though in her purchase agreement she agreed to pay an equal share for road maintenance. The deed was filed in the court house. She appears not to have a job, has 1 vehicle and 3 acres with a mobile home on it. Which I think she owns. I am trying to collect the money without spending a lot of money. The small claims court is heard by the clerk of court and requires a $225 deposit and my understanding is that even if you win they can not collect the money. You have to get a lawyer to collect. What is the best, least expensive way to collect the money if any?

• Category: Judgment Liens
• Date: 04/07/2025
• State: Louisiana

Answer:

Typically, the least expensive way to sue someone who owed money is by filing a claim in small claims court. Costs of bringing the lawsuit may be asked for in the complaint. If you win and the judgment goes unpaid, the unpaid judgment may be used to request that a lien be created on property owned by the debtor. A lawyer’s assistance is useful, but not required for these proceedings. There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." If the judgment remains unpaid, the judgment debtor may request that the court place a lien on the judgment debtor's property, such as bank accounts or real property owned, to secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.

A judgment creditor may also request that the court issue a writ for garnishment of the debtor's wages. If granted, the court order for garnishment is served directly upon the debtor's employer, who must comply with its terms. Wage garnishment is a legal procedure governed by state law in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt and paid directly to the judgment creditor by the debtor's employer. There are different types of garnishments, as defined by state laws, which vary by state. A garnishment may be made on a one-time or continuing basis. Some kinds of income are exempt, which means that they cannot be garnished at all by creditors for consumer debts, including welfare, unemployment, veterans benefits, Social security, workers' compensation, pensions, and child support payments that you receive. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage.

If the judgment isn't paid, the winning party, called the judgment creditor, may get an "Order for Examination of Judgment Debtor." This is a procedure used to find out where the judgment debtor works, keeps money, and what assets he or she possesses.