Enforcement Of Judgments KFC 1065 Lrg
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ENFORCEMENT OF JUDGMENTS
Collect When You Win a Lawsuit
This guide provides background information about a variety of common procedures used to enforce
judgments. For instructions and sample forms, see the Step-by-Step guides listed below.
BASICS
After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The
court does not collect judgments; the prevailing party is responsible for all collection efforts. However,
the court may issue a variety of orders and other
documents that may be used to collect your judgment
from the debtor.
1. Locate the Judgment Debtor
Before any collection efforts may begin, the judgment
debtor must be located. Soon after the entry of judgment,
this may be an easy task. However, as time passes, it
can become increasingly difficult to locate the judgment
debtor. For tips on how to do this, see the Legal
Research Guide on Finding People and Businesses on
our website at www.saclaw.org/finding-people.
2. Determine the Debtor’s Assets
An Order of Examination, also called a Debtor’s
Examination, is a formal court proceeding during which a
judgment creditor may question the judgment debtor
about their income and property, to determine what
assets are available to the creditor for collection of a
judgment.
Related Guides:
• Abstract of Judgment
• Acknowledgement of Satisfaction of Judgment
• Bank Levy
• Claim of Exemption: Bank Levy
• Claim of Exemption: Wage Garnishment
• Debtor’s Examination
• Memorandum of Costs
• Renew Your Judgment
• Wage Garnishment
Related Videos:
• Enforcement of Judgments
CONTENTS
1. Locate the Judgment Debtor .......................... 1
2. Determine the Debtor’s Assets ...................... 1
3. Calculate the Amount Owed ......................... 2
4. Begin Your Collection Efforts ........................ 2
Collecting from wages .............................. 2
Collecting from a bank account ................ 3
Placing a lien on real property .................. 3
Placing a lien on personal property .......... 3
Placing a lien on a lawsuit the debtor
has against someone else........................ 4
Obtaining a seizure, turnover, or
assignment order ...................................... 5
5. Renew the Judgment if Necessary ............... 5
6. Once the Judgment is Paid in Full ................ 5
7. At the Law Library ......................................... 5
8. Community Resources .................................. 6
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For More Information
Get Information About the Debtor's Assets, from the California Courts Self-Help Website
www.courts.ca.gov/11187.htm
Sample Questions to Ask a Debtor, from the California Courts Self-Help Website
www.courts.ca.gov/11328.htm
Orders of Examination, from the Sacramento County Superior Court’s Website
www.saccourt.ca.gov/civil/orders-of-examination.aspx
Debtor’s Examination, Step-by-Step guide from the Sacramento County Public Law Library
www.saclaw.org/debtor-exam
3. Calculate the Amount Owed
Before beginning enforcement procedures, a judgment
creditor must determine the amount currently owed. Unless
the judgment debtor promptly pays the judgment in full, the
judgment amount ordered by the court is rarely the final
amount paid to the judgment creditor. A judgment creditor is
entitled to reimbursement of any post-judgment costs, such
as the costs associated with enforcing the judgment (including
the cost of issuing the Writ of Execution, Levying Officers’
fees, fees for the Application for Order for Appearance of
Judgment Debtor, etc.). Additionally, unpaid judgment
amounts accrue interest at the legal rate of 10% per year.
For More Information
Memorandum of Costs, Step-by-Step guide from the Sacramento County Public Law Library
www.saclaw.org/memo-costs-after-judgment
4. Begin Your Collection Efforts
There are numerous ways a judgment creditor may collect from a judgment debtor. The method(s)
used depend on the judgment debtor’s assets. Below is information about several common
enforcement methods. For more information on any procedure, visit the recommended websites or
consult the books listed at the end of this Guide.
Collecting from Wages (Earnings Withholding Order)
If the judgment debtor is employed, the judgment creditor may garnish up to 25 percent of the amount
over the federal minimum wage that the debtor earns until the judgment is paid in full.
For More Information
Collect Your Judgment, from the California Courts Self-Help Website
www.courts.ca.gov/1014.htm
Ask the Court to Stop or Reduce a Wage Garnishment, Step-by-Step guide from the Sacramento
County Public Law Library
www.saclaw.org/coe-wg
http://ijcalc.sdcourt.ca.gov/
The San Diego Superior Court
provides this free online program
that calculates the amount due on a
specific day. Just input the judgment
amount, date, and payment history,
and the program does all the
calculations for you.
Judgment Calculator
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Collect Your Judgment from the Debtor's Paycheck, Step-by-Step guide from the Sacramento
County Public Law Library
www.saclaw.org/collect-wg
Sacramento Sheriff Civil Bureau, Civil Process Types and Fees
www.sacsheriff.com/Pages/Organization/CorrectionalCourt/civil.aspx
Provides details of the procedures and required documents. Click on “Earnings Withholding Order” for
more information.
Collecting Money from a Bank Account (Bank Levy)
If the judgment debtor has a bank account or safe deposit box, the judgment creditor may be able to
take money from the account or seize the contents of the box.
For More Information
Collect from the Debtor’s Property, from the California Courts Self-Help Website
www.courts.ca.gov/11190.htm
Collect Your Judgment from the Debtor's Bank Account, Step-by-Step guide from the
Sacramento County Public Law Library www.saclaw.org/collect-bank-levy
Ask the Court to Stop or Reduce a Bank Levy, Step-by-Step guide from the Sacramento County
Public Law Library www.saclaw.org/coe-bank-levy
Placing a Lien on Real Property
If the judgment debtor owns real property, the judgment creditor may place a lien on the property. If
the debtor tries to sell or refinance the property, the creditor will be paid the judgment amount plus
accrued interest from the escrow. In some situations, it may also be possible to "foreclose" on the
judgment lien, and force the sale of the property. This is only an option is there is enough equity in the
property to pay all existing liens and exemptions, as well as the costs of foreclosure.
For More Information
Collect from the Debtor’s Property, from the California Courts Self-Help Website
www.courts.ca.gov/11190.htm
Placing a Judgment Lien, Step-by-Step guide from the Sacramento County Public Law Library
www.saclaw.org/abstract-judgment
Judgment Liens on Property in California
www.nolo.com/legal-encyclopedia/judgment-liens-california-46807.html
Placing a Lien on Personal Property
A judgment creditor can have the sheriff take the debtor's personal property and sell it at public
auction to pay the debt. This can be any type of property, such as jewelry, computers or other
electronic equipment, musical instruments, coin collections, etc. This is an expensive process,
though, so unless the property is extremely valuable, it is rarely worthwhile.
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For More Information
Collect from the Debtor’s Property, from the California Courts Self-Help Website
www.courts.ca.gov/11190.htm
Notice of Judgment Lien, from the California Secretary of State
www.sos.ca.gov/business-programs/ucc/judgment-lien/
Placing a Lien on a Lawsuit the Debtor Has Against Someone Else
If the judgment debtor has a lawsuit against someone else, the judgment creditor may place a lien on
the money the debtor hopes to recover if he or she wins that lawsuit.
For More Information
Collect from the Debtor’s Property, from the California Courts Self-Help Website
www.courts.ca.gov/11190.htm
Placing a Till Tap or Keeper
If the judgment debtor is a business or the sole proprietor of a business, the sheriff may visit the
business and take all money on the premises to pay the judgment and the sheriff's fee. The sheriff’s
department may also station a deputy near the cash register, and take possession of all funds as they
come in.
For More Information
More Ways to Collect, from the California Courts Self-Help Website
www.courts.ca.gov/11188.htm
Suspending the Debtor’s Real Estate, Contractor’s, or Driver’s License
If the judgment is related to a license, (e.g., a car accident is related to a driver’s license; construction
defects are related to a contractor’s license), the judgment creditor may be able to have the judgment
debtor’s license suspended.
For More Information
More Ways to Collect, from the California Courts Self-Help Website
www.courts.ca.gov/11188.htm
Unsatisfied Judgments, from the Department of Motor Vehicles
www.tinyurl.com/dmv-dl30 (judgments over $1000, $750 if judgment issued prior to Jan. 1, 2017)
www.tinyurl.com/dmv-dl17 (judgments under $1000, $750 if judgment issued prior to Jan. 1, 2017)
Suspending a Driver License to Force Payment, from the Los Angeles County Department of
Consumer Affairs
www.tinyurl.com/suspend-license
Civil Judgments, Contractors State License Board
www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/Civil_Judgments.aspx
Consumer Recovery Account, California Department of Real Estate
www.dre.ca.gov/Consumers/ConsumerRecoveryAccount.html
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Obtaining a Seizure, Turnover, or Assignment Order
A seizure order allows the sheriff to take property from a private residence, while a turnover order
requires the judgment debtor to give the property to the sheriff. These orders are most commonly
used for large, expensive items, such as pianos, boats, or stereo systems. An assignment order
requires the debtor to assign ongoing payments, such as sales commissions or rents, to the judgment
creditor.
For More Information
More Ways to Collect, from the California Courts Self-Help Website
www.courts.ca.gov/11188.htm
5. Renew the Judgment if Necessary
Money judgments automatically expire after 10 years, unless the judgment creditor renews the
judgment before it expires. A judgment may be renewed for another 10 years, and renewed
repeatedly until it is paid in full. Expired judgments cannot be enforced, so judgment creditors must be
careful to renew judgments in a timely manner.
For More Information
Renew your Judgment, from the California Courts Self-Help Website
www.courts.ca.gov/1180.htm
Renew Your Judgment, Step-by-Step guide from the Sacramento County Public Law Library
www.saclaw.org/renew-judgment
6. Once the Judgment is Paid in Full
Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full
payment, the judgment creditor must file an Acknowledgement of Satisfaction of Judgment (EJ-100)
with the court. It must also be filed with the County Recorder’s Office if any liens were placed on real
property, and with the Secretary of State’s Office if liens were placed on personal property. If you do
not file an Acknowledgment of Satisfaction of Judgment, the judgment debtor may sue you for any
damages caused by your failure to file the Acknowledgment, plus $100.
For More Information
After the Judgment is Paid, from the California Courts Self-Help Website
www.courts.ca.gov/1182.htm
After Your Judgment is Paid, Step-by-Step guide from the Sacramento County Public Law Library
www.saclaw.org/ack-sat-judgment
7. At the Law Library
These materials provide detailed explanations of the laws governing the procedures described above,
as well as other, less common, enforcement procedures.
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California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
Electronic Access: On the Law Library’s computers, using Lexis Advance.
California Practice Guide: Enforcing Judgments and Debts KFC 1065 .A9 S3
Electronic Access: On the Law Library’s computers, using WestlawNext.
Debt Collection Practice in California KFC 256 .C83
Electronic Access: On the Law Library’s computers, using OnLaw.
Enforcing Civil Money Judgments KFC 1065 .C34
Electronic Access: On the Law Library’s computers, using OnLaw.
How to Collect When You Win a Lawsuit KFC 1065 . Z9 H69 (Reference)
Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments
KFC 1065 .E5 M38
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
Electronic Access: On the Law Library’s computers, using Lexis Advance.
Witkin’s California Procedure KFC 995 .W58 (Ready Reference)
Electronic Access: On the Law Library’s computers, using WestlawNext.
8. Community Resources
Sacramento County Public Law Library Civil Self Help Center
609 9th Street, Sacramento 95814
www.saclaw.org/self-help/civil-self-help-center/
Services Provided: The Sacramento County Public Law Library Civil Self Help Center provides
general information and basic assistance to self-represented litigants on a variety of civil legal issues.
Appointments will be made beginning at 8:30 a.m. Patrons who are present at 8:30 a.m. will be
entered into a random drawing to determine the order their case will be evaluated. If an appointment
is appropriate, it will be made for later in the day. You are encouraged to arrive by 8:25 a.m. to
participate in the appointment setting drawing.
Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County
Superior Court.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE
MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
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