How to Collect on a Judgment in Kentucky

Winning a lawsuit is one thing. Actually collecting the money is another. If you’ve obtained a judgment in a Kentucky court and the other side isn’t paying, you’re not stuck — Kentucky law provides several powerful tools to enforce a judgment and collect what you’re owed. But knowing which tools to use, and when, makes all the difference.

A Judgment Doesn’t Collect Itself

When a court enters a judgment in your favor, it creates a legal obligation for the other party to pay. But the court doesn’t collect the money for you — that’s the judgment creditor’s responsibility. If the debtor doesn’t voluntarily pay, you need to use post-judgment enforcement mechanisms to locate and seize their assets.

Discovery in Aid of Execution

The first step is often figuring out what assets the debtor has. Under CR 69, Kentucky allows judgment creditors to conduct discovery in aid of execution — essentially using the same tools available during the lawsuit (interrogatories, document requests, depositions) to find out where the debtor’s money and property are. This can reveal bank accounts, real property, vehicles, business interests, wages, and other assets that can be reached to satisfy the judgment.

Wage Garnishment

If the debtor is employed, you can garnish their wages. Kentucky follows the federal Consumer Credit Protection Act limits — generally, the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. KRS 425.506. The garnishment is served on the employer, who is then required to withhold the specified amount from each paycheck and remit it to you.

Bank Account Garnishment

You can also garnish the debtor’s bank accounts by serving a garnishment order on the financial institution. The bank must freeze and turn over funds in the debtor’s account up to the amount of the judgment. This can be one of the most effective collection tools, but timing matters — you need to serve the garnishment when there are funds in the account.

Judgment Liens on Real Property

Recording a judgment in the county where the debtor owns real property creates a lien on that property. Under KRS 426.720, a properly recorded judgment creates a lien on the debtor’s real estate in that county for 15 years. The debtor can’t sell or refinance the property without satisfying (or negotiating around) the lien. If the property is sold, you get paid from the proceeds.

Execution on Personal Property

Under CR 69, you can obtain a writ of execution directing the sheriff to seize and sell the debtor’s non-exempt personal property — vehicles, equipment, inventory, and other tangible assets — to satisfy the judgment. Kentucky does provide certain exemptions (KRS 427.010 et seq.) that protect some personal property from execution, but many assets remain reachable.

If you have a judgment that’s going unpaid, I can help you put these tools to work. Call me at (859) 225-9540 or use the contact form.

Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.