How to Collect a Small Claims Judgment in Mississippi

Winning Is Only Half the Job

A Mississippi Justice Court judgment does not transfer money into your account. The court declares what the defendant owes, but collecting that money is your responsibility. If the other side ignores the judgment, you have legal tools available — but each one requires paperwork and follow-through.

The losing party has 10 calendar days after the judgment is rendered to appeal. If no appeal is filed, the judgment becomes final and you can move to post-judgment enforcement.

Get an Abstract of Judgment

An Abstract of Judgment is a certified document from the Justice Court Clerk that summarizes your case number, the parties, the judgment amount, the date it was entered, and any post-judgment interest. Under Mississippi Code § 9-11-21, filing this abstract in the county's land records creates a lien against real property the defendant owns in that county.

To get one, go back to the Justice Court Clerk where your case was heard and request a certified Abstract of Judgment. Confirm any fee with the clerk. Once you have the abstract, you can record it with the Chancery Clerk in a Mississippi county where the defendant owns property. A recorded lien may affect the property until the judgment is satisfied or the lien expires.

This does not force an immediate sale of the property. A recorded lien can affect a sale or refinance; ask the Chancery Clerk or a legal aid organization about its effect on a specific property.

Request a Writ of Execution

A Writ of Execution orders the county constable or sheriff to seize and sell the defendant's non-exempt personal property to satisfy your judgment. You request the writ from the Justice Court Clerk, and there is a $15 statutory fee under Mississippi Code § 25-7-25.

The constable or sheriff can levy on eligible non-exempt property. In practice, execution against personal property in small claims cases is difficult. Many defendants do not have substantial non-exempt assets, and Mississippi exemption laws protect a significant amount of personal property from seizure.

Before requesting a writ, consider whether the defendant actually has assets worth pursuing. An employed defendant with a steady paycheck makes wage garnishment (below) a more practical route than trying to seize and auction personal property.

Wage Garnishment

Mississippi allows garnishment to collect civil judgments under Mississippi Code § 11-35-1 et seq. After your judgment is final and the appeal window (10 calendar days) has passed, contact the clerk about the steps and forms for garnishment. You will need to identify the employer if you are pursuing wage garnishment.

Wage garnishment is subject to federal limits and applicable exemptions. Confirm the amount that may be withheld before relying on a wage-garnishment calculation.

You need to know where the defendant works. If you do not have this information, you may be able to conduct post-judgment discovery — a written request asking the defendant to disclose their employment, bank accounts, and assets. Not all Justice Court judges are familiar with this procedure at the Justice Court level, so be prepared to explain what you are requesting and why.

Post-Judgment Interest

Mississippi Code § 75-17-7 authorizes post-judgment interest from the date the judgment is entered until the defendant pays in full. The statutory rate is 8% per annum unless a different rate was specified in the underlying contract. This interest accumulates automatically — you do not need a separate court order to claim it. When the defendant finally pays, calculate the total owed including accrued interest.

When the Defendant Files for Bankruptcy

Bankruptcy can stay collection activity, and violating a stay can have serious consequences. If you receive a bankruptcy notice, pause collection steps and consult a legal aid organization or attorney before contacting the defendant or pursuing enforcement.

Practical Tips

Track everything in writing. Keep copies of every document you file, every letter you send, and every response you receive. Note the dates and amounts of any partial payments.

If the defendant has no current income or assets, financial circumstances can change — someone who cannot pay today may have a job or buy property later. Do not assume you can wait indefinitely; ask a legal aid organization or attorney about the time limit to enforce or renew the judgment.

The Mississippi Small Claims Filing Guide walks through the entire Justice Court process from demand letter through post-judgment collection, including a deadline calendar that tracks enforcement windows and renewal dates.

Free Legal Help with Collections

The Mississippi Volunteer Lawyers Project pairs income-qualifying residents with pro bono attorneys who can advise on judgment enforcement. Mississippi Legal Services (mslegalservices.org) also provides free guidance for low-income individuals navigating post-judgment procedures.

If your judgment is large enough relative to the collection difficulty, hiring a private attorney on a contingency basis is another option — they take a percentage of whatever they recover, so there is no upfront cost.

Winning the hearing is the first step. Collecting takes patience, paperwork, and sometimes multiple enforcement tools used in combination.

See more Mississippi guides →