Collections Abstracts & Liens

Federal Court Judgment? Here's How to Collect in California

Federal judgments don't come with federal collection officers. You enforce them using California state court procedures - the same powerful tools available for state judgments: bank levies, wage garnishments, and debtor examinations.

FRCP 69
Federal Rule
CA Law
Enforcement Rules
All Districts
N.D., C.D., S.D., E.D.

Federal vs. State Judgment Enforcement

If you won a money judgment in federal court (U.S. District Court for the Northern, Central, Southern, or Eastern District of California), you might think federal marshals enforce it. Wrong. Federal Rule of Civil Procedure 69(a) says federal judgments are enforced using the laws of the state where the court is located.

In California, that means your federal judgment is enforced using the California Code of Civil Procedure's Enforcement of Judgments Law (CCP §§ 680.010-724.260) - the same statutes that govern state court judgment enforcement.

What Federal Court Does

  • Issues the money judgment
  • Issues writs of execution (Form AO-105)
  • Holds debtor examinations (FRCP 69(a)(2))
  • Enters liens in the federal lien index
  • Enforces contempt of its own orders

What California Law Controls

  • What property can be levied
  • Exemptions (homestead, wages, retirement)
  • Levy procedures and timelines
  • Sheriff's sale requirements
  • Interest rates and cost recovery

Step-by-Step: Enforcing Your Federal Judgment

1

Obtain Writ from Federal Clerk

Request a Writ of Execution from the federal court clerk (Form AO-105). Unlike state court, there's usually no fee.

2

Deliver to U.S. Marshal

The U.S. Marshal's office receives the writ and executes levies just like a county sheriff would.

3

Instruct on Levy Targets

Tell the Marshal what to levy: specific bank accounts, real property, wages, or personal property.

4

Marshal Executes

Marshal serves levy notices, seizes assets, and conducts sales following California CCP procedures.

U.S. Marshal vs. County Sheriff

You use the U.S. Marshal for federal judgment enforcement, not the county sheriff. The Marshal follows California collection law but works through the federal system.

U.S. Marshal Contact Info for California

Marshal Resource Constraints

U.S. Marshals prioritize criminal cases. Civil judgment collection may take longer than using a county sheriff. Be patient, follow up regularly, and provide complete instructions to minimize delays.

Creating Liens on Real Property

Federal judgments can become liens on California real property, but the process differs from state court abstracts of judgment.

Option 1: Federal Lien Index (28 U.S.C. § 1962)

Register your federal judgment with the county recorder's office where the debtor owns real property. The judgment becomes a lien on all real property in that county. This is the federal equivalent of recording an abstract.

Option 2: Register in State Court

Under CCP § 697.320, you can register your federal judgment with the California Superior Court, obtain an abstract of judgment (Form EJ-001), and record it like a state court judgment lien.

Which Method to Use?

I typically recommend the state court registration method. It puts your judgment into the same system as state court liens, making it easier for title companies to find and ensuring consistent treatment in priority disputes with other creditors.

Debtor Examinations in Federal Court

Under FRCP 69(a)(2), you can conduct post-judgment discovery on the judgment debtor in federal court. This is the federal equivalent of a debtor examination.

How It Works

  1. Subpoena the debtor - Serve a subpoena for debtor's appearance at a deposition
  2. Conduct examination - Ask about all assets, income, bank accounts, property
  3. Request documents - Subpoena duces tecum for bank statements, tax returns, etc.
  4. Third-party subpoenas - Subpoena banks and employers directly for records

Advantage: Broader Discovery

Federal discovery rules are often more expansive than state court. You can use all FRCP discovery tools: interrogatories, requests for production, requests for admission. Some creditors prefer federal court discovery because of fewer formal limitations.

Interest on Federal Judgments

Federal judgment interest is governed by 28 U.S.C. § 1961, not California law. The rate is the weekly average 1-year constant maturity Treasury yield, as published by the Federal Reserve, at the time of judgment entry.

Current Federal Rate vs. California Rate

As of 2026, the federal rate fluctuates (recently around 4-5%), while California's fixed 10% rate is typically more favorable. However, you don't get to choose - federal law controls for federal judgments.

Don't Calculate Using CA Rate

If you calculate and demand interest at California's 10% rate on a federal judgment, you're overclaiming and could face sanctions. Use the federal rate from the date of judgment entry.

Frequently Asked Questions

Generally no. The writ of execution from federal court must be executed by the U.S. Marshal, not the county sheriff. However, if you register your federal judgment in state court (creating a state court judgment), you can then get state writs executed by the sheriff. This adds a step but may be faster if the Marshal's office is backlogged.

California exemptions apply under FRCP 69(a). The debtor can claim California's homestead exemption ($313K-$626K), the 75% wage protection, retirement account exemptions, and all other CCP exemptions. Federal law defers to state exemption law for enforcement of federal judgments.

Federal judgments have the same lifespan as the state in which the federal court sits. In California, that means your federal judgment is enforceable for 10 years and renewable for another 10 years. Renewal procedures follow California law (CCP § 683.110).

Yes, but you need to register it in the other state's federal court under 28 U.S.C. § 1963. File a certified copy of the judgment with the clerk of the U.S. District Court where you want to enforce. Once registered, you can enforce using that state's collection laws and that district's U.S. Marshal.

Attorney fees included in your federal judgment are enforceable just like any other monetary component. You can also recover post-judgment enforcement costs by filing a memorandum of costs with the federal court. The court will add approved costs to the judgment amount.

$240 /hour

Need Help Enforcing a Federal Judgment?

I handle federal judgment enforcement in all California districts. Writ preparation, U.S. Marshal coordination, debtor examinations, and lien registration.

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