How to Collect a Judgment in Louisiana
Winning a small claims case in Louisiana is only half the battle. The court does not collect the money for you — no sheriff shows up at the debtor's door with a demand, no automatic paycheck deduction kicks in. Everything after the judge signs that judgment is on you.
Wait Out the Mandatory Delay
Before you take any enforcement action, the judgment must be legally final. The waiting period depends on which court heard your case:
- City Court Small Claims Division: Three calendar days after the judge signs the judgment, or three calendar days after formal service when required (La. R.S. 13:5208). Appeal rights are waived when you file in this division, so the delay is short.
- Justice of the Peace Court: Approximately 15 days from judgment or service of notice of judgment, as applicable, for the appeal window to close (La. C.C.P. art. 4924). If the other side appeals, enforcement stops until the district court rules.
Starting enforcement before the delay expires is premature execution — it can get your seizure thrown out and leave you liable for damages.
Get a Certified Copy of the Judgment
Visit the clerk of court that handled your case and request a certified copy of the signed judgment. You will need this for almost every enforcement step, including recording liens in other parishes, filing garnishments, and scheduling debtor examinations. Expect a small fee for the copy.
Send a Written Payment Demand
This step is not legally required, but it can save you hundreds in enforcement costs. A formal letter referencing the court, docket number, judgment amount, and accrued interest sometimes prompts payment — especially from debtors who simply lost track of the case. Give a clear deadline (10 to 14 days is standard) and specify how you will accept payment.
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Find Out What the Debtor Owns
If the demand goes unanswered, you need to identify collectible assets before choosing an enforcement tool. Louisiana gives you several ways to do this:
- Judgment Debtor Examination: File a motion under La. C.C.P. art. 2452 to compel the debtor to appear in court, under oath, and disclose their income, bank accounts, vehicles, and property. Include a subpoena duces tecum requiring them to bring financial records.
- Public records searches: Parish conveyance records show real estate ownership. The Secretary of State's commercial filings reveal business interests. The Office of Motor Vehicles can verify vehicle titles.
Choose Your Enforcement Tool
Louisiana provides several enforcement mechanisms, and the right one depends on what the debtor has:
Wage garnishment works when the debtor has a job. You file a Petition for Garnishment with the court, and the employer withholds up to 25% of the debtor's disposable earnings each pay period until the judgment is satisfied. The garnishment attaches immediately upon service on the employer.
Bank account garnishment captures whatever non-exempt funds are in the account at the moment of service. It is a one-time grab rather than an ongoing withholding. Federally deposited benefits like Social Security are automatically protected.
Judicial mortgage is a lien recorded against the debtor's real estate. It does not put cash in your hand immediately, but it encumbers the property for up to 10 years. When the debtor sells or refinances, the lien must be addressed as part of the transaction.
Writ of Fieri Facias directs the sheriff, marshal, or constable to seize and sell the debtor's non-exempt property at public auction.
Understand the Costs
Every enforcement tool requires an upfront advance from you — the creditor. Filing fees for a garnishment typically run $100 to $180. A debtor examination costs $60 to $120. Recording a judicial mortgage costs $100 to $200 per parish. Physical seizure deposits can run $300 to $1,500 or more depending on the property.
The good news: these costs are recoverable. When you collect from the debtor, enforcement expenses are added to the judgment balance.
What If the Debtor Has Nothing?
Some debtors are genuinely judgment-proof — no job, no bank account, exempt property only. When that happens, your best move is to record a judicial mortgage on any real estate they own and wait. Judgments in Louisiana last 10 years and can be revived for another 10. Circumstances change: debtors get jobs, inherit property, buy cars. A recorded judicial mortgage keeps your claim alive.
Keep Accurate Records
Track every dollar: the original principal, accrued post-judgment interest (7.50% for 2026 under La. R.S. 13:4202), court costs, and enforcement outlays. When you receive partial payments through garnishment, payments are applied first to accrued interest, then to costs, and finally to principal.
For a complete walkthrough of every enforcement tool — including the exact filing steps, forms, fee schedules, and exemption rules — see our Louisiana Judgment Collection Guide.
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