Obtaining a judgment is a significant legal victory—but it is rarely the end of the fight. In practice, a judgment is simply a court’s declaration that money is owed. It does not guarantee payment. In fact, in many civil cases, collecting the judgment is the most difficult and time-consuming part of the entire matter.

Seasoned litigators know this reality well. Winning a lawsuit can be straightforward. Turning that judgment into actual dollars is where strategy, persistence, and procedural precision matter most.

Why Defendants Rarely Pay Voluntarily

When a court enters judgment, defendants typically respond in one of four ways:

1. They delay
2. They appeal
3. They hide or move assets
4. They do nothing and hope the creditor gives up

Very rarely does a judgment debtor simply write a check once judgment is entered. As a result, judgment enforcement becomes a second phase of litigation, governed by its own rules, timelines, and tactical considerations.

This is why collectability should never be an afterthought. It should be part of the litigation strategy from the beginning.

Judgments in Tennessee: Enforceability and Time Limits

In Tennessee, a monetary judgment is generally enforceable for ten years from the date it is entered. That enforcement period can be extended for additional ten-year periods if proper steps are taken before expiration. A judgment that is allowed to lapse, however, may become effectively worthless.

During the enforceability period, a judgment creditor has the right to use statutory and procedural tools to identify assets and compel payment. These tools are powerful—but only if used correctly.

Post-Judgment Discovery: Finding Assets After the Case Ends

Most collection methods require information the creditor does not automatically have, such as:

• Where the debtor banks
• Where the debtor works
• What real estate the debtor owns
• Whether the debtor owns vehicles, equipment, or business interests

Tennessee law allows creditors to conduct post-judgment discovery, often referred to as discovery in aid of execution. This process mirrors traditional discovery and may include:

• Written interrogatories
• Requests for production
• Depositions of the judgment debtor
• Subpoenas to third parties

This phase is often decisive. Without accurate asset information, enforcement efforts become guesswork. With it, collection becomes targeted and effective.

Primary Methods of Collecting a Judgment in Tennessee

Once assets are identified, Tennessee law provides several enforcement mechanisms.

Wage Garnishment

If a debtor is employed, wage garnishment can provide a steady and reliable collection stream. Tennessee law limits the amount that can be garnished to protect a portion of the debtor’s income, but consistent garnishment over time can still satisfy substantial judgments.

Wage garnishment continues until:

• The judgment is paid in full
• The garnishment is released
• The employment relationship ends

Because wage garnishment depends on accurate employment information, post-judgment discovery is often a necessary precursor.

Bank Account Garnishment

Bank garnishment allows a creditor to reach funds held in the debtor’s accounts. This can be one of the fastest ways to collect—but only if the creditor knows where the debtor banks.

Timing matters. Funds available for garnishment are often determined at a specific snapshot in time, making strategic service of garnishment documents critical. County-level procedures also vary, requiring close attention to local practice.

Judgment Liens on Real Property

A judgment creditor may create a lien against a debtor’s real property by recording the judgment in the appropriate county register’s office. Once recorded, the lien:

• Attaches to real property owned by the debtor in that county
• Impairs the debtor’s ability to sell or refinance
• Often forces resolution when the property is eventually transferred

In many cases, judgment liens are less about immediate liquidation and more about long-term leverage. Debtors often resolve judgments when real estate transactions become impossible without doing so.

Execution on Personal Property

If a debtor owns non-exempt personal property—such as vehicles, equipment, inventory, or valuable assets—a creditor may pursue execution. This involves:

• Obtaining a writ of execution
• Having law enforcement levy on the property
• Selling the property at auction
• Applying proceeds to the judgment

Tennessee law exempts certain categories of personal property, which may limit this remedy in some cases. However, when applicable, execution can be effective—particularly in commercial matters.

Enforcing Judgments from Other States

Judgments entered outside Tennessee are not automatically enforceable here. They must first be domesticated through a formal process. Once properly domesticated, however, a foreign judgment is treated the same as a Tennessee judgment and may be enforced using the same tools.

This process includes:

• Filing authenticated copies of the judgment
• Providing sworn information about the debtor
• Serving the debtor with required notices
• Observing mandatory waiting periods before enforcement

Failure to follow the domestication process precisely can delay or derail collection efforts.

Appeals, Stays, and Delay Tactics

Judgment debtors may attempt to delay enforcement by filing appeals or seeking stays. While appeals do not automatically eliminate collection rights, they can suspend enforcement temporarily depending on the circumstances and whether a bond is posted.

Understanding when enforcement may proceed—and when it must pause—is essential to avoiding wasted effort and unnecessary expense.

Why Collection Strategy Should Be Considered Early

One of the most common mistakes plaintiffs make is assuming that winning the case equals getting paid. In reality, collection risk should be evaluated before filing suit, not after judgment.

Key questions include:

• Does the defendant have assets?
• Are those assets reachable?
• Are there exemptions that limit recovery?
• Is the defendant likely to resist collection aggressively?

Answering these questions early allows clients to make informed decisions about litigation strategy, settlement posture, and cost-benefit analysis.

Judgment Enforcement Is a Specialized Legal Skill

Collecting a judgment is not mechanical. It requires:

• Knowledge of procedural rules
• Familiarity with county-specific practices
• Strategic use of discovery and enforcement tools
• Persistence when debtors resist or delay

Whether you are considering litigation, have recently obtained a judgment, or are struggling to collect on an existing judgment, experienced legal guidance can significantly improve outcomes.

Final Note

A judgment is not self-executing. It is a starting point, not a finish line. Understanding Tennessee’s judgment enforcement tools—and using them effectively—often determines whether a legal victory becomes a financial one.

Disclaimer:
This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

About the Author

Edgar Davison is a commercial litigation and transportation attorney with a practice focused on freight charge disputes, judgment enforcement, and complex collections matters. He is licensed to practice law in Tennessee, Arkansas, and Mississippi, and regularly represents motor carriers, logistics companies, and businesses in state and federal courts. Mr. Davison writes and speaks frequently on issues involving unpaid freight charges, consignee and shipper liability, broker defaults, and post-judgment enforcement strategies.

For questions regarding this article or judgment collection matters, he may be reached by email at [email protected]