Post Judgment Remedies

A Writ of Execution may Levy on a Third Party Owing Money to the Debtor

If the debtor is a landlord, the creditor can instruct the levying officer to go to a tenant of the landlord and require the tenant to pay the rent to the levying officer to satisfy the judgment.

The third party is required to forward the money it owes the debtor to the local sheriff’s department, which in turn, transfers this money to the judgment creditor. The court will order the debtor to assign a claim of this kind to the judgment creditor. For instance, the court could order a debtor who is a landlord to assign his or her right to receive rent to the creditor and the tenant would then pay the judgment creditor, instead of the landlord. A creditor can also request the court to order the debtor to assign to the creditor any wages owing to the debtor by the federal government (which cannot be collected by an ordinary wage garnishment), or any royalties or commissions that are owing to the debtor, or any insurance proceeds and other claims that are owing to the debtor.