Companion resource library
Glossary of key terms.
Plain-English definitions of the terms used throughout the DIY Civil Judgment Collection eBook and this site. Not a substitute for advice from a licensed attorney in your state.
- Abstract of Judgment
- A short court-certified summary of a judgment that is recorded with a county recorder to create a judgment lien on real property.
- Automatic Stay
- A federal injunction that stops nearly all collection activity the moment a debtor files for bankruptcy.
- Bank Levy
- A legal process that freezes and seizes funds in a debtor's bank account to satisfy a judgment.
- Charging Order
- A court order redirecting a debtor's distributions from an LLC or partnership to the judgment creditor.
- Contempt of Court
- A court's finding that someone disobeyed a court order; used to compel debtors to comply with discovery or appear at examinations.
- Debtor Examination
- A court proceeding at which the judgment debtor must answer questions, under oath, about their assets, income, and finances.
- Discharge
- The bankruptcy court's elimination of a debtor's personal liability for certain debts.
- Disposable Earnings
- Wages remaining after legally required deductions (taxes, Social Security, Medicare) — the base used to calculate garnishment limits.
- Docketing
- Entering a judgment into the court's official record; in many states a prerequisite for enforcement or liens.
- Domestication
- The process of registering an out-of-state (sister-state) judgment in a new state so it can be enforced there.
- Exemption
- A law protecting certain property or income from collection, such as a homestead, Social Security benefits, or tools of the trade.
- Execution
- The process of enforcing a judgment by seizing and selling the debtor's non-exempt property.
- Fraudulent Transfer
- A transfer of assets made to hinder, delay, or defraud creditors — which courts can undo.
- Full Faith and Credit Clause
- Article IV of the U.S. Constitution, requiring every state to honor the judgments of every other state.
- Garnishment
- A court-ordered withholding of a debtor's wages or bank funds, paid to the judgment creditor.
- Judgment Creditor
- The party who won the judgment and has the right to collect it.
- Judgment Debtor
- The party who owes money under the judgment.
- Judgment Lien
- A legal claim on the debtor's real property that must be paid before the property can be sold or refinanced.
- Lien Priority
- The order in which competing liens are paid from sale proceeds — generally first recorded, first paid.
- Perfection
- Completing all filings needed to make a judgment fully enforceable and establish priority over other creditors.
- Personal Service
- Hand-delivery of court papers to the person named, by sheriff, process server, or another authorized adult.
- Post-Judgment Interest
- Interest that accrues automatically on the unpaid balance of a judgment from the date it is entered until it is paid.
- Proof of Claim
- The form filed in a debtor's bankruptcy case asserting the amount owed to you as a creditor.
- Satisfaction of Judgment
- The filed document confirming a judgment has been paid in full, clearing it from the debtor's record.
- Service of Process
- The formal delivery of court documents required before they have legal effect.
- Skip Tracing
- Locating a person who has moved or is hard to find, using public records and investigative tools.
- Statute of Limitations
- The time period during which a judgment remains enforceable — after which it must be renewed or is lost.
- UEFJA
- The Uniform Enforcement of Foreign Judgments Act — the model law adopted by most states that streamlines registering out-of-state judgments.
- Writ of Execution
- A court order directing the sheriff to seize and sell the debtor's non-exempt property.
- Writ of Garnishment
- A court order directing an employer or bank to withhold the debtor's money for the creditor.
From the DIY Civil Judgment Collection eBook. Get the full eBook for step-by-step instructions, templates, and checklists.