How to Collect a Connecticut Judgment When the Debtor Won't Pay Voluntarily

When a Connecticut small claims debtor won't pay voluntarily, you have five statutory enforcement tools: compelled asset disclosure (discovery), wage garnishment, bank account levies, personal property seizure, and real estate judgment liens. The court does not collect for you — every step from here falls on you as the judgment creditor. But the process is procedural, not adversarial, and each tool has a specific form, a specific prerequisite, and a specific officer (the state marshal) who carries it out.

Here's the enforcement path in the order most creditors should follow it.

Step 1: Confirm You Can Enforce

Before filing any execution application, verify two things:

No active stay exists. If the court ordered installment payments under Practice Book § 24-30, enforcement is automatically stayed as long as the debtor is current. The stay lifts the moment the debtor misses a payment — you don't need a separate court order to proceed.

The judgment is final. Connecticut small claims decisions by magistrates are not appealable on the merits. The debtor's only post-judgment relief is a Motion to Open Judgment under Practice Book § 24-31 (filed within four months of notice) or a federal bankruptcy petition. Filing a Motion to Open does not automatically stay execution unless the court specifically orders a stay.

Step 2: Start With Discovery (If You Don't Know What the Debtor Has)

If you don't know where the debtor works or banks, discovery is your mandatory first step.

Post-Judgment Interrogatories (Form JD-CV-23): Serve written questions on the debtor compelling disclosure of bank accounts, employers, real property, vehicles, and other assets under oath. The debtor must respond within 30 days under C.G.S. § 52-351b. If they don't respond, you can seek court sanctions.

Examination of Judgment Debtor (Form JD-CV-54): If written interrogatories produce nothing useful, petition the court to order the debtor into court for examination under oath. A state marshal must serve the order at least 12 days before the hearing date. If the debtor doesn't appear after valid service, the court can issue a Capias Mittimus warrant — essentially an arrest warrant compelling the debtor to appear.

Discovery isn't optional paperwork — it's what lets you target the right enforcement tool. Attempting a bank levy without knowing which institution holds the debtor's accounts is a waste of the filing fee.

Step 3: Garnish Wages (If the Debtor Is Employed)

Once you know the debtor's employer (from discovery or your own knowledge), wage execution is usually the most reliable collection tool.

How it works: File Form JD-CV-3 with the court clerk. The clerk issues the execution order, you deliver it to a state marshal, and the marshal serves it on the employer. The employer must notify the employee and provide Form JD-CV-3a (the exemption claim form). After a mandatory 20-day waiting period, if no exemption is claimed, the employer begins withholding and sending payments to the marshal.

How much gets withheld: Under C.G.S. § 52-361a, the employer deducts the lesser of 25% of disposable earnings or the amount exceeding 40 times the Connecticut minimum wage ($16.94/hour, making the floor $677.60/week effective January 1, 2026). A debtor earning $500/week in disposable income is fully exempt. A debtor with $1,200 in weekly disposable earnings could have up to $300 withheld that week.

Prerequisite to know: You generally need either a court-ordered installment plan the debtor has already breached, or a completed discovery step. Submitting JD-CV-3 without this documentation gets the application returned.

Step 4: Levy the Debtor's Bank Account

If you know where the debtor banks (from discovery, a check they wrote you, or their payment history), a bank execution can freeze funds immediately.

For individual debtors: File Form JD-CV-24. The marshal serves it on the bank, which freezes non-exempt funds. The bank automatically protects the first $1,000 plus any federal benefit deposits from the prior two months (31 CFR Part 212). The debtor has 15 days to claim additional exemptions via Form JD-CV-24A. After the exemption window closes, the bank remits non-exempt funds to the marshal.

For business entities: File Form JD-CV-24N. No consumer exemptions apply. The bank freezes the entire account balance up to the judgment amount and turns over non-exempt funds to the marshal.

Using the wrong form (24 instead of 24N or vice versa) gets the execution returned.

Step 5: Seize Personal Property

If wages and bank accounts aren't sufficient, you can execute against the debtor's tangible personal property — equipment, inventory, vehicles — using Form JD-CV-5.

The marshal physically seizes or takes constructive custody of the property. The debtor receives Form JD-CV-5b and has 15 days to claim exemptions. If no exemption holds, the marshal sells the property at public auction. Proceeds go first to marshal fees and storage costs, then to your judgment.

Vehicle equity exemption: Under C.G.S. § 52-352b, the debtor's vehicle is protected up to $7,000 in equity. Before instructing a marshal to seize a car, verify with the DMV that the market value exceeds existing liens plus the $7,000 exemption plus towing and storage costs. Otherwise the seizure costs you money with no recovery.

Step 6: Record a Judgment Lien on Real Property

If the debtor owns real estate in Connecticut, recording a judgment lien secures your judgment against that property without requiring immediate sale.

Under C.G.S. § 52-380a, you draft a Judgment Lien Certificate with the judgment details and record it at the Town Clerk's office in the municipality where the property is located. The lien attaches to all of the debtor's interests in real property in that town.

The 4-month relation-back rule: If a pre-judgment attachment was recorded on the same property, a judgment lien filed within four months of the judgment relates back to the attachment date — giving you priority over liens recorded between the attachment and the judgment.

Practical effect: The debtor can't sell or refinance the property without satisfying your lien first. Judgment liens under C.G.S. § 52-380a can also be foreclosed, though this is typically practical only for larger judgments.

Step 7: Track Everything

Every enforcement action generates costs the debtor owes: the $95 court entry fee, execution filing fees, marshal service fees ($30-$75 per service), the marshal's 15% commission on collected funds under C.G.S. § 52-261(a)(6), and post-judgment interest under C.G.S. § 37-3a. Without a structured ledger, you'll undercollect or lose track of partial payments.

When the full judgment plus all recoverable costs and interest is satisfied, you must file a formal satisfaction with the court. Failing to do so can expose you to liability.

When Each Tool Makes Sense

The Guide That Covers All of This

The Collecting a Small Claims Judgment in Connecticut guide walks through every enforcement tool in detail — the exact forms, the statutory prerequisites, marshal coordination instructions, exemption rules, a post-judgment accounting ledger, and a deadline tracker for the 10-year enforcement window under C.G.S. § 52-598(b). It's built for judgment creditors who need to enforce without a lawyer and want the complete workflow in one document.

Frequently Asked Questions

Can I use multiple enforcement tools at the same time?

Yes. Connecticut doesn't limit you to one enforcement tool at a time. You can garnish wages while a bank levy is pending and a judgment lien sits on the debtor's property. The constraint is that you can't collect more than the total judgment plus lawful costs and interest — once the debt is satisfied through any combination of tools, you must stop and file satisfaction.

What if the debtor claims they can't pay anything?

That's what post-judgment discovery is for. Form JD-CV-23 interrogatories compel the debtor to disclose assets under oath. If they claim poverty, a debtor examination (Form JD-CV-54) puts them in front of a judge to answer financial questions with documentation. If they lie under oath, that's perjury. If they genuinely have no non-exempt assets, you may need to wait and try again later — the judgment is valid for 10 years under C.G.S. § 52-598(b).

How long do I have to enforce the judgment?

Ten years from the date of judgment under C.G.S. § 52-598(b). You can also bring an independent action on the judgment within 15 years. If the 10-year window is approaching and you haven't fully collected, file a motion to revive the judgment before it expires.

What happens if the debtor files for bankruptcy?

A federal bankruptcy petition triggers an automatic stay under 11 U.S.C. § 362 that immediately halts all state enforcement actions — wage garnishments stop, bank levies are frozen, and you cannot record new liens. You'll need to file a proof of claim in the bankruptcy case. For bankruptcy complications, consult an attorney.

Does the debtor have to pay the marshal's fees and collection costs?

Yes. Under C.G.S. § 52-261(a)(6), the marshal's 15% commission on collected funds is added to the judgment debt. Execution filing fees and marshal service costs are also recoverable. These costs increase the total the debtor owes, not the amount that comes out of your recovery.

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