Collections Writs of Execution

Won Your Lawsuit? Here's How to Actually Get Paid in California

A judgment is just a piece of paper. The writ of execution is what makes the sheriff knock on doors, freeze bank accounts, and seize property. This is how you turn a court victory into real money.

10%
Annual Interest
180 days
Writ Validity
$0
Court Fee for Writ
20 yrs
Judgment Lifespan

What is a Writ of Execution?

A writ of execution is a court order that directs the sheriff to enforce your money judgment. It authorizes the levying officer (typically the county sheriff or marshal) to seize the debtor's property and assets to satisfy what they owe you.

Under California Code of Civil Procedure § 699.510, you can obtain a writ of execution after your judgment becomes final and enforceable. The writ is the legal document that gives the sheriff authority to act on your behalf.

What Can Be Seized?

With a writ of execution, the sheriff can levy (seize) almost any non-exempt property belonging to the judgment debtor:

How to Get a Writ of Execution

Getting a writ is a straightforward clerical process - no hearing required. Here's the step-by-step procedure:

1

Complete Form EJ-130

Fill out the Application for and Issuance of Writ of Execution (Judicial Council Form EJ-130).

2

Calculate Amount Owed

Include principal, accrued interest (10% annually), and recoverable costs.

3

File with Court

Submit to the clerk of the court that entered your judgment. No filing fee.

4

Deliver to Sheriff

Take the issued writ to the county sheriff with levy instructions and deposit.

The court clerk issues the writ the same day or within a few days. Once you have the writ, you deliver it to the sheriff's civil division along with specific instructions for what property to levy.

Required Forms

California uses standardized Judicial Council forms for judgment enforcement. Here are the key forms you'll need:

Form Name Purpose
EJ-130 Writ of Execution Main application - requests the writ from the court
EJ-150 Application for Earnings Withholding Order For wage garnishment specifically
WG-001 Earnings Withholding Order Sent to employer to garnish wages
EJ-001 Abstract of Judgment Creates a lien on real property

Frequently Asked Questions

A writ of execution is valid for 180 days from the date of issuance under CCP § 699.530. After 180 days, you need to obtain a new writ from the court. There's no limit on how many writs you can get - you can continue obtaining new writs until the judgment is satisfied or expires.

Sheriff fees vary by county and levy type. Typical costs include:

  • Bank levy: $50-100
  • Wage garnishment: $40-75
  • Real property levy: $100-200
  • Personal property levy/keeper: $50-150 per hour

You'll need to deposit estimated fees upfront. These costs are recoverable from the debtor and added to the judgment amount.

Yes. You can have multiple writs issued simultaneously to different counties. This is useful when the debtor has assets in multiple locations - you can pursue a bank levy in one county while garnishing wages in another. Each writ operates independently.

California provides powerful discovery tools for judgment creditors. You can:

  • Order a debtor examination - Force the debtor to appear in court and answer questions under oath about their assets, income, and bank accounts (CCP § 708.110)
  • Send post-judgment interrogatories - Written questions the debtor must answer
  • Subpoena third parties - Get records from banks, employers, and others

See my Debtor Examination & Discovery guides for detailed procedures.

California protects certain essential property from levy under CCP § 704:

  • Homestead exemption - $300,000-$600,000 of home equity (depending on county)
  • Wages - 75% of disposable earnings are protected
  • Retirement accounts - 401(k), IRA, pensions are fully exempt
  • Social Security - Cannot be garnished
  • Necessary household items - Basic furniture, appliances, clothing
  • Tools of trade - Up to $9,700 in value

The debtor must actively claim exemptions within 10 days of receiving notice of levy. If they don't file a claim, the property can be seized.

$240 /hour

Need Help Enforcing Your Judgment?

I handle California judgment enforcement from writ applications through asset seizure. Debtor examinations, bank levies, wage garnishment - technical work done right.

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