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The good news is that you won your case and the court entered a judgment against the other party. The bad news is that collecting your judgment may not be easy. The party who won and is entitled to collect the money awarded to him by the court is called the “judgment creditor.” The party who lost and owes money to the judgment creditor is called the “judgment debtor.” It is up to the judgment creditor – not the court – to collect from the judgment debtor.

FYI! The court will not collect the money for you, but you can ask a lawyer or collection agency to help you collect your judgment. Be aware, though, that you may have to pay a percentage of the judgment in fees. You may also be asked to assign the right to your judgment to the attorney or collection agency.

If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called “executing” the judgment.

A judgment creditor can execute upon a judgment debtor’s wages, real property, bank account, or cash box. There are a series of forms that the judgment creditor must prepare, file with the court clerk, and give to the constable or sheriff in order to execute a judgment.

To prepare the paperwork necessary to execute your judgment, follow these steps:Step 1: Identify the funds or assets you want to collect Step 2: Prepare the Writ of Execution Step 3: Prepare the Notice of Execution Step 4: Prepare the Writ of Garnishment Step 5: Prepare the Instructions to the Constable or Sheriff Step 6: Have your papers served and watch for a claim of exemption Step 7: Track your collection and judgment

To see a flowchart showing how the whole judgment collection process works, click on the link below:

Flowchart – Overview of Collection of a Civil Judgment

Before you can complete the paperwork to collect from the judgment debtor, you will need to decide what money or property of the judgment debtor’s you are going to instruct the sheriff or constable to take.

There are certain types of money and property that you will not be able to collect. Property that cannot be taken to pay a judgment is called “exempt.” Exempt property is typically income or assets related to the judgment debtor’s basic needs (like unemployment or veteran’s benefits, social security benefits, tools of a trade, clothing and household goods, and the like). To learn more about exempt property, click to visit Property a Judgment Creditor Can and Can’t Take.

If you know your judgment debtor’s money or property is exempt, it is probably not worth your time and energy to execute against them. If exempt property is taken, the judgment debtor needs only to file with the court to get the property returned. So you are better off focusing your efforts on money and property that is not legally exempt. To learn how the judgment debtor asserts his exemptions, click to visit Contesting a Garnishment or Attachment.

Here are some types of money and property you should try to identify:

You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor’s wages. In order to garnish wages, you must know the name and address of the employer of the person you have the judgment against. You cannot obtain more than 25% of the judgment debtor’s check if the judgment debtor makes more than $770 per week, or 18% of the judgment debtor's check if the judgment debtor makes less than $770 per week, or 50 times the minimum wage (currently $362.50 per week), whichever is higher.

You may seek to obtain some of the judgment debtor’s property. If possible, it is best to attach cash. To attach money in a bank account you need to know the defendant’s bank name, address and, ideally, the account number. If you have a judgment against a business that has a cash register, you can execute against any cash on the property. You’ll need the business’ name and location.

TIP! To discover the judgment debtor’s bank account number, find someone who has written him a check. Get a copy of the cancelled check. The debtor’s bank and bank account number should be on the back!

If the judgment debtor owns a home or other real estate, you can record your judgment as a lien against the property. To do so, you must first obtain a certified copy of the judgment from the court clerk. The certified copy can then be recorded with the Clark County Recorder’s Office at 500 Grand Central Parkway, Las Vegas, Nevada. Once recorded, the judgment becomes a lien upon all real property of the judgment debtor, not exempt from execution, in Clark County that the debtor currently owns or acquires before the lien expires. The lien continues for six years (unless the judgment is satisfied), and you can re-record the lien if you renew your judgment. When the property is sold or foreclosed upon, you may receive your money.

Occasionally there may be a bond or recover fund from which you can collect your judgment. The procedure and paperwork to collect against these sources varies, so check with the appropriate agency for instruction.

Sometimes the judgment creditor simply has no information about the judgment debtor’s money or property. Without that information, it is impossible to execute the judgment. If that is your situation, there is a tool called a “judgment debtor exam” that you can use to try and get the information. To learn more, click to visit Getting Information About a Judgment Debtor’s Assets.

TIP! This website provides general information about collecting judgments. But judgment collection can be tricky depending on who you’re trying to collect from. If you hit a brick wall, you may want to talk to an attorney who specializes in collections.  Click to visit Lawyers and Legal Help.

Once you know what money or property you intend to execute against, the first form you will need to prepare is the Writ of Execution. This is a routine court order that authorizes the constable or sheriff to take certain property belonging to the judgment debtor. Most courts require this document to be typed, not handwritten. You can download the Writ of Execution on your computer by clicking one of the formats underneath the form’s title below:

JUSTICE COURT WRIT OF EXECUTION PDF Fillable | Form Guide

DISTRICT COURT WRIT OF EXECUTION Word Fillable

After you complete the Writ of Execution, you must file it with the court. In the justice court, the court clerk will charge a $25 filing fee. In the district court, the court clerk will charge a $10 filing fee.

You will also need a Notice of Execution. This document does not require you to fill out anything. Simply print it out and clip it to your Writ of Execution. When the constable or sheriff serves your execution forms, the judgment debtor will receive the notice, which outlines the judgment debtor’s rights. You can download the Notice of Execution on your computer by clicking one of the formats underneath the form’s title below:

NOTICE OF EXECUTION (AFTER JUDGMENT)

Pdf Nonfillable

If you are trying to collect money that is in the possession of a third party (someone other than the judgment debtor), you will need to prepare a Writ of Garnishment. For example, you would need this form if you are trying to garnish the judgment debtor’s wages or attach the judgment debtor’s bank account. But you would not need it if you are trying to take cash directly from the judgment debtor’s cash register. You can download the Writ of Garnishment on your computer by clicking one of the formats underneath the form’s title below:

JUSTICE COURT WRIT OF GARNISHMENT Pdf Fillable | Form Guide

DISTRICT COURT WRIT OF GARNISHMENT Pdf Fillable

The Writ of Garnishment is not filed with the court. Make two copies of the completed writ and take them to the constable or sheriff along with your other execution forms.

You will need to prepare instructions to the constable or sheriff, depending on which office you intend to use to serve your execution forms. If the court has issued an order waiving your filing fees, the sheriff will honor that order and serve your documents without charge, whereas the constable will charge you a fee. You will need to obtain a copy of the court order waiving filing fees and provide it to the sheriff with your other documents.

JUSTICE COURT INSTRUCTIONS TO THE CONSTABLE Word Fillable | Pdf Nonfillable

JUSTICE COURT INSTRUCTIONS TO THE SHERIFF  Word Fillable | Pdf Nonfillable

DISTRICT COURT INSTRUCTIONS TO THE CONSTABLE Word Fillable | Pdf Nonfillable

DISTRICT COURT INSTRUCTIONS TO THE SHERIFF  Word Fillable | Pdf Nonfillable

These instructions do not get filed with the court. Make one copy of the instructions to take to the constable or sheriff along with your other execution forms. Unless you have provided the sheriff with a court order waiving your fees, you must pay the constable or sheriff certain fees up front, which might include:

Fees change and vary, so contact the sheriff or constable for fee information. For location and contact information for the constable nearest you and the sheriff’s civil division, click to visit Constables & Sheriffs.

Take all your paperwork to the constable or sheriff for service. For location and contact information for the constable nearest you and the sheriff’s civil division, click to visit Constables & Sheriffs.

After the sheriff or constable serves your paperwork, the judgment debtor has ten business days after the Notice of Execution is mailed or his wages are withheld to file with the court to claim any exemptions he believes apply. The judgment debtor will mail you a copy of his Claim of Exemption form. To learn more about this process, click to visit Contesting a Garnishment or Attachment.

You have eight business days from the service of the judgment debtor’s Claim of Exemption to file an objection with the court if you disagree with the exemptions the judgment debtor is claiming. To learn more about this process, click to visit Responding If the Judgment Debtor Contests Collection.

To see a flowchart showing an overview of this process, click on the link below:

Flowchart – Overview of Collection of a Civil Judgment

A Writ of Execution against the judgment debtor’s wages will remain in effect for 180 days. Wages are collected each payday for 180 days, unless the judgment is paid in full. If you are attaching the contents of a cash drawer or bank account, the execution is a one-time action. You must re-file your paperwork until the judgment is paid in full or satisfied.

Once the judgment is completely paid off, you must file a Satisfaction of Judgment with the court so that the payoff is reflected in the court’s records. This is important for a couple of reasons. First, Nevada law requires that you notify the court that the judgment has been paid. (NRS 17.200.) Second, an unsatisfied judgment has a negative impact on a judgment debtor’s credit report and credit score. If you fail to file a Satisfaction of Judgment, the judgment debtor can file a motion to have the judge declare the judgment satisfied. A form Satisfaction of Judgment is available, free of charge, at the Self-Help Center, or you can download the form on your computer by clicking on one of the formats underneath the form’s title below:

JUSTICE COURT SATISFACTION OF JUDGMENT Pdf Fillable | Pdf Nonfillable

Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the court.

Your judgment will expire within six years from the date it is entered in your case unless it is renewed. To renew a judgment, first click to visit Nevada Statutes and review NRS 17.214 carefully. You will need to file a Declaration for Renewal of Judgment with the clerk of the court where the judgment was entered within ninety days before the date the judgment is set to expire. Any judgment liens you have placed on the judgment debtor’s property must also be renewed.

A Declaration for Renewal of Judgment is available, free of charge, at the Self-Help Center. You can also download the form on your computer by clicking on one of the formats underneath the form’s title below:

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If you’ve ever experienced the thrill of winter camping, there’s a good chance that you’re already hooked.

After all, you’ll get more out of your investment if you use the RV or travel trailer for all four seasons, rather than just during the warmer months. Here are some tips on how to prevent pipes from freezing in cold weather.

No matter where you are, it’s in your best interests to keep the water flowing freely through those pipes. In the short term, you won’t be able to use the water or water hookups in your camper. Since one of the many perks of RV travel is the access to running water, this is a definite letdown.

More disturbingly, frozen pipes can contribute to costly repairs down the road. When water freezes, it expands, meaning that the ice can cause damage to the pipes and water tanks. To avoid these issues, take the proper steps to winterize your RV before taking it out in freezing temperatures.

It will only take about 24 hours of below-freezing temperatures (lower than 32 degrees Fahrenheit) for the pipes to freeze in your RV. Since the average trip lasts a great deal longer than that, you should definitely take action ahead of time.

If the underbelly of the RV is enclosed or heated, the pipes might remain usable for a while longer. Likewise, if the RV has good insulation, the ice will take longer to set in. Any steps you can take to protect the pipes will pay for themselves in spades later on.

First, take a look at where your holding tanks are located. If they’re above floor level, then you won’t have to worry as much about freezing because the heat from the furnace will stave off the cold. On the other hand, if the tanks are in the underbelly, they’ll freeze much faster.

In either case, there’s a non-toxic antifreeze that’s made specifically for RVs. You’ll be able to tell it apart from the toxic kind by its color, which is typically pink rather than bright green.

Completely empty your black water tank and close the dump valve. Pour two quarts of non-toxic antifreeze down the toilet. How much antifreeze you need will depend on the size of the tank, so add a quart or so more if necessary. You’ll also need to add more as the tank slowly fills up again since the waste material will eventually dilute the antifreeze.

If you have a gray water tank, be sure to cover your bases by dumping the same amount of antifreeze down the sink or shower drain. Try not to let the tanks fill more than halfway before emptying them and repeating the process as outlined above.

When it comes to protecting your fresh water tank, you have a few options.

First of all, check the location, as you did for the black water tank. For tanks that are located above floor level, wrap a drum or heater blanket around the exterior to give it extra protection. Holding tank heating pads are another option, but bear in mind that you’ll need either a DC current or a 120V outlet in order to power one of these. Heating pads with strong adhesive can also be used for tanks that are set into the underbelly of the RV.

Another option is to winterize your holding tanks as if you were putting the RV into storage for the winter. If you’ve taken this step, you can still use the RV during the colder months. You’ll just have to bring along plenty of drinking water, and use the bathroom facilities at campgrounds and rest areas whenever possible. It will be challenging, but you won’t have to worry about your tanks freezing during RV winter camping.

Because temperatures can vary greatly from location to location—even within the same state—it can be difficult to tell when you’re approaching the danger zone. However, it’s important to remember that when the RV pipes are exposed to the elements without any heat or insulation, they’ll begin to freeze at temperatures of 20 degrees Fahrenheit. Anyone who’s planning on RV winter camping should take whatever precautions are available to avoid this from occurring.

While it only takes 24 hours of continuous low temperatures for the RV pipes to freeze, you probably don’t have to worry about them freezing overnight. That’s because the weather will usually warm up slightly during the day, meaning that the below-freezing temps will last just a few hours. It will take longer than that for the water in your tanks to freeze completely, so the occasional use of the facilities will help to offset the risk as well.

What else can you do to prevent pipes from freezing while boondocking? First of all, you can check the weather reports, particularly the hourly forecasts. These will tell you approximately what time the freezing temperatures will begin and how long they’re expected to last.

You can also keep the inside of the RV as warm as possible. Open the cabinet doors beneath the sink to allow warm air to circulate around the pipes. Keep the bathroom door open as well.

Because running water doesn’t freeze, keep the faucets running on a slow trickle. Don’t overdo it—you don’t want to empty your fresh water tank any more than necessary. This is a trick that many people use in their homes as well.

If all else fails and your pipes freeze anyway, turn up the heat and open any cabinets and drawers to help get the water flowing again. You can also use space heaters or blow dryers, if necessary. The process could take as long as 12 hours, so be patient. Don’t be tempted to turn on your water pump—it won’t work, and you may cause more damage to the machinery.

Once you’ve thawed the pipes, check for any drips that would indicate leaks. These could be located underneath the RV, behind the paneling, and in storage spaces. If you don’t find any, have the camper subjected to a professional inspection upon your return home.

Those of you who are planning on staying in your designated campsite for awhile would do well to consider investing in some heat tape.

The name is somewhat misleading—heat tape is actually a long cable that can read ambient temperatures to determine whether any extra insulation is necessary. When temperatures drop, a strong current flows between the conductors, thereby delivering a boost of heat to the surrounding area. Conversely, when the weather gets warmer, the current flow will slack off, thereby saving the energy for when it’s needed.

Heat tape requires an electrical hookup, and is sold in most hardware stores. When it’s wrapped around pipes in a household setting, it will help to prevent them from freezing. The best way to use it in an RV is to apply the tape to the water and sewer hoses, running it in a parallel line.

Cable lengths can vary a great deal, so take a look at your RV’s water and sewer systems before purchasing a coil of heat tape.

Frozen pipes are no fun, and they’ll diminish the overall lifespan of your RV if they’re a common occurrence.

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