When enforcing a civil judgment, it is crucial to understand what not to do to avoid legal complications and ensure a smooth collection process. Here are some important pitfalls to avoid:

1. Do Not Harass the Debtor:

• Avoid excessive phone calls.
• Do not threaten the debtor with violence, vandalism, or harm to their reputation.
• Do not use obscene language when communicating.
• Do not visit the debtor uninvited and refuse to leave when asked.

2. Do Not Use Deceptive Practices:

• Do not pretend to be a law enforcement officer or falsely represent yourself as a lawyer.
• Do not misrepresent the amount owed or the legal consequences of non-payment.
• Do not claim that you are going to a collection agency if you do not intend to take that action.

3. Do Not Engage in Unfair Collection Practices:

• Do not charge more interest on the debt than allowed.
• Do not deposit post-dated checks before the date on the check.
• Do not call using toll service numbers that incur unnecessary charges for the debtor.

4. Do Not Contact Third Parties Improperly:

• You cannot discuss the debtor’s situation with third parties except for specific exceptions (e.g., a debtor’s attorney, credit bureau, or employer for garnishment).
• If contacting a third party for information, do not state that you are collecting a debt; instead, frame it as an inquiry about the debtor’s whereabouts.

5. Do Not Mail Unsealed Communications:

• Ensure that all correspondence is sent in a sealed envelope marked “PERSONAL” to maintain confidentiality.

A civil judgment can be enforced through various methods,Here are some key options:

1. Order for Examination:

You can request the court to order the debtor to appear and answer questions about their assets. If they fail to appear, you may seek a warrant for their arrest .

2. Wage Garnishment:

You can obtain a court order to garnish the debtor’s wages, allowing a portion of their earnings to be directly paid to you until the judgment is satisfied.

3. Bank Levy:

This involves obtaining a court order to seize funds directly from the debtor’s bank account. Specific procedures and rules apply to ensure compliance.

4. Property Liens:

If the debtor owns real estate, you can place a lien on their property, preventing them from selling or refinancing without addressing the judgment first 

5. Seizing Assets:

You may also have the ability to seize tangible personal property or real estate through a Writ of Execution, which allows the sheriff to take possession and sell the property to satisfy the debt

6. Negotiation for Payment:

Another approach is to negotiate directly with the debtor for voluntary payment, which may include installment agreements or accepting a lesser amount as full payment 

It  is essential to properly serve the debtor with the judgment in order to initiate the collection process effectively. The following steps typically outline how to serve the debtor with the judgment:

1. After a judgment has been entered against the debtor, you may use the “Judgment Debtor’s Statement of Assets” (SC-133) or other relevant forms to inform the debtor of the judgment and collect payment.
2. The judgment or related legal documents should be personally served on the debtor. This involves having a sheriff or a professional process server deliver the documents directly to the debtor.
3. Ensure that the documents are served according to legal requirements, which usually stipulate they must be served within a certain period after the judgment entry.
4. After serving the debtor, you must file a “Proof of Service” form (such as Form SC-104) with the court. This document verifies that the debtor has been served and is important for establishing that you followed the legal procedure.
5. Once the debtor is served, they are legally obligated to respond to the judgment, either by arranging for payment or by providing the required debtor’s statement of assets.
6. If the debtor does not respond or if you require additional information about the debtor’s assets, you may initiate a debtor’s examination hearing to gather more details.

It is also essential to understand that when seeking to correct a judgment, there are specific limitations. Judges will deny requests to amend a judgment if you attempt to:

• Add a Spouse or Domestic Partner: You cannot add a spouse or domestic partner as a defendant unless they legally participated in the hearing and defended the case.
• Rename Entities: You must not try to modify the judgment to reflect a different entity or person than the one originally sued.

Properly serving the debtor is crucial for the enforcement of the judgment and helps ensure compliance with legal procedures throughout the collection process