Collecting Your California Small Claims Judgment

First Steps After Winning

1. Wait 30 Days (Usually) The defendant has 30 days to appeal (if they were the defendant) or pay voluntarily. You generally cannot enforce during this period.
2. Send a Payment Demand Once the 30 days pass, send a written demand for payment. Include: judgment amount, case number, interest accrued, and deadline to pay (10-14 days is reasonable).
3. File Acknowledgment of Satisfaction (If Paid) If the debtor pays, you MUST file an Acknowledgment of Satisfaction of Judgment (Form SC-290) within 14 days. Failure to do so is illegal and may result in penalties.
4. Begin Enforcement (If Not Paid) If payment demand is ignored, proceed to enforcement methods below.

Enforcement Methods

Step-by-Step: Wage Garnishment

1. Get a Writ of Execution File Form EJ-130 (Application for Writ of Execution) with the court that issued your judgment. Pay fee (~$25). Court issues the writ.
2. Complete Earnings Withholding Order Fill out Form WG-001 (Application for Earnings Withholding Order) and WG-002 (Earnings Withholding Order).
3. Take to Sheriff/Marshal Bring the writ and garnishment forms to the levying officer (Sheriff or Marshal) in the county where debtor works. Pay their fee (~$40-75).
4. Sheriff Serves Employer The sheriff serves the order on the employer, who must begin withholding within 10 days.
5. Collect Payments Employer sends withheld wages to the sheriff, who deducts fees and forwards to you. Continues until judgment is satisfied.

Step-by-Step: Bank Levy

1. Obtain Writ of Execution Same as above—File Form EJ-130, pay fee, receive writ.
2. Complete Levy Instructions Prepare written instructions to the sheriff identifying the bank, branch (if known), and account holder name.
3. Deliver to Sheriff Take writ, instructions, and fees to the sheriff's civil division. Typical fees: $40-75 sheriff + $100-150 bank processing.
4. Bank Freezes Account Upon receiving the levy, the bank freezes funds up to the judgment amount plus costs.
5. Waiting Period Debtor has 10-15 days to claim exemptions. If no valid exemption, sheriff releases funds to you.

Finding Assets: The Debtor's Examination

If you don't know what the debtor owns or where they work, use a debtor's examination (Form SC-134).

What You Can Ask

• Where do you work? How much do you earn?
• What banks do you use? Account numbers?
• Do you own real property? Vehicles?
• What other income do you receive?
• Do you have any investments or valuables?

How It Works

1. File Form SC-134 (Application and Order for Examination)
2. Court sets a date; you serve the debtor
3. Debtor must appear and answer questions under oath
4. Failure to appear: bench warrant for arrest

Recording a Property Lien

If the debtor owns real estate, recording an Abstract of Judgment creates a lien that attaches to their property:

1. Get Abstract of Judgment Request Form EJ-001 from the court that issued your judgment. Small fee applies.
2. Record in County Take the abstract to the County Recorder's office in any county where debtor owns property. Recording fee: ~$25-40.
3. Lien Attaches Automatically Once recorded, the lien attaches to any real property the debtor owns in that county—including property acquired later.
4. Collect When Property Transfers When the debtor sells or refinances, your lien must be paid from the proceeds.

Costs and Fees

These costs are added to the judgment amount—the debtor ultimately pays them when you collect.

When Collection Is Difficult

Judgment-Proof Debtors

Some debtors have no assets to seize:

• Unemployed or working under the table
• No bank accounts (or minimal balance)
• No real property
• Income from exempt sources (SSI, disability)

Your Options

• Wait: Judgments last 10 years (renewable). Circumstances change.
• Property lien: Even if they don't own now, they might later.
• Periodic examination: Check back yearly to see if assets exist.
• Sell the judgment: Some companies buy judgments at a discount (typically 10-50 cents on the dollar).