Collect Judgement Small Claims California
Recently updated on October 15th, 2025 at 02:45 am
Overview
After you win a small claims case in California you become the judgment creditor and the losing party is the judgment debtor. The court will not collect for you — you must use post-judgment tools to enforce payment. Below are the common tools and a clear, visual, step-by-step path (with simple inline clip-art SVGs) to help you move from judgment to dollars collected.
Who typically benefits and who can apply (including on behalf of someone else)
- Individuals, sole proprietors, and small businesses holding a money judgment.
- Authorized agents for organizations, or guardians/conservators acting for someone else (follow local signature/ID rules on forms).
Benefits of using California small-claims enforcement tools
- Multiple, complementary options (writs, levies, garnishments, liens) to match the debtor’s assets.
- Standard statewide Judicial Council forms plus county sheriff instructions reduce guesswork.
- Discovery tools (debtor exams, subpoenas) to uncover bank accounts, employers, and property.
Detailed step-wise process to collect a small claims judgment
Step 1 — Confirm the judgment is final and wait required periods
Before you spend a dollar on enforcement, make sure you are legally allowed to start. In California small claims, the clerk mails or hands you a Notice of Entry of Judgment (SC-130). From the mailing/handing date, a clock starts for the losing party to seek further relief. As a practical rule of thumb, plan to wait at least 30 days before initiating most enforcement steps. This pause protects you from pouring time and money into levies or garnishments that could be paused by a timely appeal or motion to vacate. If the debtor filed an appeal (trial de novo in superior court) or moved to vacate, enforcement can be stayed; always check the case file or the online docket for recent activity.
During the waiting period, organize your paperwork. Keep a certified copy of the judgment and the SC-130 in one place — sheriffs, recorders, and banks often require certified documents. Create a one-page collection plan: identify what you think the debtor owns (bank accounts, wages, vehicles, real property), pick the first tool you’ll try (for example, a bank levy), list the forms you’ll need (EJ-130 writ, sheriff’s instructions), and note the county where each asset sits (writs are enforced by county). Add a timetable: issue writ → deliver to sheriff → wait for return → pivot if “no funds.”
Use the wait wisely to encourage voluntary payment. Send a professional demand letter enclosing a copy of the judgment. State the amount due, how to pay, and a short deadline. Offer reasonable choices: cashier’s check, money order, or an installment plan with specific dates. Calm, firm communication sometimes produces faster, cheaper results than immediate levies. If you agree to a plan, put it in writing and keep your enforcement options open until paid in full.
Understand interest and credits so your numbers are clean. California money judgments generally accrue post-judgment interest (often 10% simple per year on civil money judgments). Keep a running ledger: principal balance, costs previously added (filing fee, service), interest to date, and any payments received. When you ask for a writ, you’ll be asked for the amount due as of a date — your ledger is how you answer accurately. If the debtor makes a partial payment during the 30 days, acknowledge it in writing and credit it promptly; courts expect scrupulous accounting.
Finally, scan for red flags that justify adjusting your plan. If you learn the debtor changed jobs or banks, note it now. If the debtor hints at bankruptcy, pause new enforcement spending and consider getting legal advice; an automatic stay in bankruptcy can halt collection. If the debtor says they will appeal, watch for the actual filed notice (talk is not a stay). Once your 30 days have passed without a blocking filing, you’re cleared to move into active collection with confidence and a well-organized file, which will save you time with clerks, sheriffs, and recorders down the line.
Step 2 — Locate the debtor and their assets
Collection success rises or falls with asset intelligence. Start by mining your case file: addresses on the claim, emails, phone numbers, employer names mentioned in testimony, copies of checks, or Venmo/Zelle transfers that reveal a bank. If the debtor paid you anything before trial, check the back of a deposited check for bank information. Review invoices, business cards, and websites for legal names; a trade name (“Sunrise Plumbing”) may actually be an LLC or corporation with different bank relationships.
Next, turn to public records. County recorder and assessor sites may show real property in the debtor’s name; note the county and APN (assessor’s parcel number) for liens. The California Secretary of State’s business search can reveal corporate or LLC affiliations, registered agents, and addresses. If your judgment is against a business, look for UCC filings that hint at bank relationships (secured lenders often appear there). For vehicles, you typically need a court order or proper forms to compel DMV disclosures; respect privacy rules and use formal discovery (subpoenas, debtor exams) instead of guesswork.
Then, use open-source intelligence wisely. Social media can show workplaces (“first day at XYZ Hospital!”), hours, or side businesses. Google Maps reviews might tie the debtor to a shop or service area. Job postings by the debtor’s company can confirm active operations. Keep screenshots with dates, and be ethical — don’t impersonate or mislead. If you engage a skip-trace service, choose a reputable provider, understand costs, and ensure you have a permissible purpose tied to judgment enforcement.
Plan your tool-to-asset match. If you identify an employer, wage garnishment may provide steady recovery (subject to statutory limits and exemptions). If you find an active bank account, a bank levy can seize funds present on the day of levy (it is not usually “continuing”). If real property appears, recording an Abstract of Judgment creates a lien that can pay off at sale or refinance, and it costs relatively little compared to repeated levies. If you have nothing solid, schedule a Judgment Debtor’s Examination (Step 7) and pair it with subpoenas to banks and employers to force the paper trail.
Maintain a search log. Write down what you checked, when, and the result: “4/10 — Recorder, Alameda — no property; 4/12 — LinkedIn screenshot — works at ABC, Fremont; 4/13 — Secretary of State — XYZ LLC active, agent: CT Corporation; 4/14 — Called HR main line to confirm payroll address.” This log proves diligence if you need a continuance, helps you pivot quickly if a levy returns “no funds,” and makes you look organized and credible to sheriffs and judges. With a prioritized asset list in hand, you can choose the most cost-effective first strike.
Step 3 — Choose your enforcement method(s)
- Writ of Execution (EJ-130) — umbrella order the sheriff uses to levy/garnish.
- Bank levy — sheriff serves the bank; freezes/turns over non-exempt funds.
- Wage garnishment — Earnings Withholding Order via sheriff to employer.
- Abstract of Judgment (EJ-001) — lien on the debtor’s real property in that county.
- Judgment Debtor’s Exam — court-ordered Q&A under oath to locate assets.
Pick the tool that best fits what the debtor actually has — and consider stacking methods. A bank levy can produce quick results if you know the exact bank. It is typically a snapshot: funds present when the levy hits (and sometimes deposits within a short “hold” window) may be captured, subject to exemptions (e.g., certain benefits). If the debtor keeps low balances, a levy might return “no funds,” but it can still flush out account details for later use. Always give the sheriff the branch or centralized levy address and any last four digits you know; specifics improve hit rates.
A wage garnishment (Earnings Withholding Order) is a “slow and steady” tool. Once served on a compliant employer, it withholds a portion of disposable earnings under statutory formulas until paid or employment ends. It’s powerful for W-2 debtors, less useful for gig workers, self-employed individuals, or those frequently changing jobs. Expect delays while HR sets up the deduction; build that time into your plan. If the debtor claims hardship, courts may adjust the withholding; be prepared to show why the standard amount is appropriate.
An Abstract of Judgment is low-effort leverage for real property owners. Recording EJ-001 in the county of the property creates a lien that must be paid at refinance or sale. You may not see immediate cash, but it secures your place in line and can yield payment later with very little ongoing work. Combine it with more active tools so you’re not just waiting.
When you lack solid intel, a Judgment Debtor’s Examination compels the debtor to appear in court and answer questions about assets. Subpoenas to banks, employers, or payment processors can accompany the exam to get documents. This route takes time (service, scheduling, potential continuances), but it often turns a dark room into a lit map of accounts and income streams.
Finally, consider sequencing and budget. Writ issuance plus a single bank levy can be relatively inexpensive compared to repeated blind levies; if the first levy fails, pivot to a debtor exam before spending on more attempts. If wages are steady, start garnishment and, in parallel, record an abstract to catch any real-property event. Keep exemptions in mind: some income types and property categories are protected by law, and debtors can file exemption claims quickly. You’ll address those in Step 9, but anticipating them now helps you choose the highest-yield path.
Step 4 — Complete the correct Judicial Council forms
Paperwork drives enforcement, and small mistakes can stall you. The core document is the EJ-130 (Writ of Execution). List the court that issued the judgment, the exact debtor name as it appears on the judgment, and the current balance due (principal minus payments, plus post-judgment interest and previously allowed costs). Some versions ask for a per-diem interest amount; do the math carefully and keep your ledger handy. Check the box for the county where you will enforce — sheriffs generally enforce writs issued for their county, so you might need multiple writs for multiple counties.
For wages, complete the WG-001 Application (or local equivalent) and the WG-002 Earnings Withholding Order. Accuracy is critical for the employer’s legal name and service address (a payroll processing center address can be ideal if accepted by the sheriff). Include any required employee identifiers the sheriff allows (never fabricate; use legitimate sources). For bank levies, prepare the sheriff’s Instructions to the Levying Officer with clear bank and branch details, account hints, and whether you also want a safe-deposit box search if available (often requires extra fees and patience).
To create a property lien, complete EJ-001 (Abstract of Judgment) with the judgment debtor’s name(s), last four digits of SSN/FEIN if known (optional but helpful), and the judgment details. The recorder will reject forms with cross-outs or illegible entries; type or print clearly. Some counties require a cover sheet; check the recorder’s website.
If you need to uncover assets, use SC-134 (Application and Order for Appearance and Examination) to schedule a debtor exam. Service must usually be personal — plan for a process server and consider adding a small witness fee if required locally. Pair the exam with SC-107 (small claims subpoena) or SUBP-002 (civil subpoena for production) to banks or employers for records timed to arrive before the exam.
Common pitfalls to avoid: wrong debtor name (e.g., trade name instead of the legal entity), out-of-date balances, forgetting to include credits, selecting the wrong county, or submitting illegible PDFs via e-filing. Before filing, stack your forms in the order you will hand them over, and paper-clip a checklist on top (“EJ-130 complete ✔; levy instructions ✔; fee check ✔; copies ✔”). This tiny bit of project management prevents counter trips and rejections that can set you back weeks.
Step 5 — File the writ and pay clerk/sheriff fees
Take your completed EJ-130 to the court that entered the judgment (many clerks allow e-filing or counter filing). Pay the writ issuance fee (modest and posted on the court’s schedule). The clerk will review and, if all is in order, stamp and seal the writ. Make multiple certified copies if you plan to deliver writs to more than one sheriff’s office or pursue multiple enforcement actions (for example, wage garnishment and a bank levy in different counties). Note that writs are generally time-limited (commonly six months from issuance for execution); if it expires before the sheriff acts, you’ll need a new one — build this into your calendar.
With an issued writ in hand, prepare the sheriff/levying officer packet. This includes the original writ (or a certified copy if allowed), the sheriff’s “Instructions to the Levying Officer,” service/levy fees (cashier’s check or money order in many counties), and any required forms specific to the type of levy (for example, wage packet forms). Add clear directions: bank branch address, employer payroll address, and any timing sensitivities (e.g., biweekly payroll dates). The more precise your instructions, the fewer back-and-forth calls you’ll have and the higher your success odds.
Budget realistically. Sheriffs post civil fee schedules covering service, levy, keeper fees (for business till taps), and mileage. If you have a fee-waiver order that covers post-judgment services, attach a copy; some civil units keep the waiver on file, others want it each time. Ask how long the office is taking to serve bank levies or wage orders — actual turnaround varies by workload. Keep a copy of everything you hand over, including checks and receipts; these costs can often be added to the judgment later.
Finally, set follow-up checkpoints. Diary a date to call the civil unit to confirm service status; note expected payroll cycles for garnishments; and set a reminder for the writ’s expiration window so you aren’t caught with an expired writ mid-process. If your first attempt fails (“no funds,” “not employed,” “bad address”), pivot quickly using the intelligence returned — sometimes the sheriff’s return lists the “account closed” bank or a forwarding employer address, which tells you exactly where to aim next. Persistence, paired with a tidy paper trail, is what converts a paper judgment into real dollars.
Step 6 — Sheriff/levying officer serves and enforces
Once the court issues your Writ of Execution (EJ-130), the sheriff (or other levying officer) becomes your hands for enforcement. Your job is to deliver a clean, complete packet and precise instructions so the officer can execute efficiently. The packet usually includes: (1) the original or certified copy of the writ, (2) the sheriff’s local “Instructions to the Levying Officer” form specifying exactly what to do (bank levy, wage garnishment, keeper, till tap), (3) checks or money orders for the applicable fees, (4) any address or account intelligence you have (bank branch, employer payroll address, last four digits if known), and (5) copies of the judgment/SC-130 if the office requests them. Costs and acceptable payment methods vary by county; many civil units require cashier’s checks or money orders.
Bank levy workflow. When you request a bank levy, the sheriff serves a Notice of Levy on the financial institution at its designated address for service. Timing matters: funds available at the moment of levy (and sometimes deposits within a short “hold” window) are frozen up to the writ amount. The bank then sends a Memorandum of Garnishee noting what was held. Exempt funds (e.g., certain public benefits) may be flagged by the bank or raised by the debtor through a claim of exemption (see Step 9). If the levy finds nothing (“no funds”), you will still receive a return documenting the attempt—use that intel to adjust your aim (e.g., different bank or branch, debtor exam to locate accounts). If funds are held and no exemption is sustained, the sheriff remits money to you after statutory waiting periods.
Wage garnishment workflow. For wages, the levying officer serves an Earnings Withholding Order (often WG-002) and an Employer’s Return on the debtor’s employer. The employer is legally obligated to begin withholding a percentage of disposable earnings based on state formulas, remit payments at the required cadence, and complete the return indicating the employee’s status. Expect a short administrative delay while payroll sets up the deduction; your first remittance often arrives on the next pay cycle. If the debtor changes jobs, the order stops; you will need to identify the new employer and start again with a new service packet.
Other levies and keepers. For business debtors, sheriffs may conduct a “till tap” or install a “keeper” (an officer placed on premises to take cash/receipts) under the writ. These methods are fee-intensive and used when you know a retail business handles cash. For vehicles or equipment, seizure and sale can be requested when equity exists and exemptions don’t block the move. These actions require careful, often higher-cost instructions and realistic valuations; speak with the civil unit about feasibility before you invest.
Follow-up and returns. Every action produces a sheriff’s return—a written result such as “no funds,” “garnishment active,” or “funds remitted.” Diary a date to call the civil unit if you have not received a status by their stated processing window. If the return requests more information (e.g., better employer address, corrected debtor name matching the judgment), fix it promptly. Remember, writs expire (commonly in six months for execution); track expiration so you can reissue if the process is still ongoing. Be courteous and precise with the civil unit—well-organized instructions, exact addresses, and quick responses maximize your chances of turning paper into payment.
Step 7 — Conduct a Judgment Debtor’s Examination (if needed)
When you lack solid asset intel—or your first levy failed—use the court’s discovery power to light up the debtor’s finances. A Judgment Debtor’s Examination compels the debtor to appear in court and answer questions under oath about income, bank accounts, vehicles, real property, receivables, safe-deposit boxes, and recent transfers. To schedule it, file SC-134 (Application and Order for Appearance and Examination) in small claims (or the equivalent civil form if directed by the clerk). The court will issue an order setting a date and time. Personal service of this order is generally required—plan for a registered process server and allow time for multiple attempts.
Prepare like a deposition. Draft a checklist covering: current employer and payroll cycle; all banks/credit unions used in the last two years; payment apps and processors (PayPal, Venmo, Stripe, Square); vehicles (VIN, plate, lender); real property (addresses, loans, equity); accounts receivable (clients who owe the debtor money); business interests (LLC/DBA); expected tax refunds; and any trusts or safe-deposit boxes. Bring a simple set of financial disclosure forms for the debtor to complete in court, plus blank subpoenas.
Leverage subpoenas. Pair the exam with document subpoenas timed to arrive beforehand: use SC-107 (small claims subpoena) or SUBP-002 (civil) to request bank statements, signature cards, employer payroll details, or 1099 records. With documents in hand, your questions become targeted (“This statement shows deposits at ABC Credit Union—what branch and account type?”). If the debtor is self-employed, subpoena recent invoices and business bank records.
What if the debtor no-shows? If properly served and warned on the order, a failure to appear can lead the judge to continue the exam and, in some courts, issue a bench warrant. Procedures vary by county; always ask the clerk about the local process to avoid missteps. Keep proof of personal service and note conversations on the record if the debtor is evasive—judges appreciate a calm, documented approach.
Turn answers into action. Leave the exam with at least one actionable target (employer name and payroll address, specific bank and branch, account type). Immediately request a writ if you do not have one, prepare the sheriff instructions, and execute a levy or garnishment based on the new intel. If you uncover real property, record an Abstract of Judgment (EJ-001) the same week. If you discover transferees (assets moved to family/friends), consider a follow-up exam of a third party (often called an “ORAP” for third parties) and discuss with counsel if a fraudulent transfer action may be warranted in higher court.
Professional tone wins. Treat the exam like a business meeting: ask short, factual questions, keep your ledger handy, and avoid argument. Courts reward organized creditors who use the exam to gather facts, not to vent. You are building the roadmap for Steps 6, 8, and 10—leave with addresses, account names, and a priority list.
Step 8 — Record an Abstract; use liens and levy sales
Liens convert patience into leverage. Recording an Abstract of Judgment (EJ-001) with the county recorder where the debtor owns real property creates a lien that sits on title. When the debtor sells or refinances, your lien must be addressed—often by paying your judgment (plus interest and recorded costs) through escrow. The abstract is comparatively low-cost and quick to record, making it one of the best “set-and-forget” tools in your kit.
How to record. Complete EJ-001 with precise debtor names (exactly as on the judgment), last four of SSN/FEIN if known (optional but aids matching), court info, judgment date, and amount. Some counties require a cover page or specific margins; check the recorder’s site. Pay the recording fee and request a conformed copy with the recorder’s instrument number for your records. If the debtor owns property in multiple counties, record in each. If the debtor uses multiple names (e.g., maiden name), some creditors record abstracts for each name listed on the judgment to maximize hits.
After recording. The lien has a finite life tied to the enforceability of the underlying judgment; if you later renew the judgment (see Step 10), record a certified copy of the renewal to maintain priority. Keep a spreadsheet noting county, date, instrument number, and property addresses if known. If you later accept full payment, file and record an Acknowledgment of Satisfaction to release the lien promptly—escrow will often request it to close.
Personal property & levy sales. Beyond liens, the writ empowers seizure of non-exempt personal property: business inventory, equipment, or vehicles with equity (value exceeding loans and exemptions). Work closely with the sheriff to assess whether a keeper (placing an officer in a store to collect cash) or a till tap (one-time cash sweep) is sensible. For vehicles, the civil unit may require a bond or storage fees; verify there is meaningful equity before investing. After seizure, property is auctioned and proceeds, less costs and senior liens, are applied to your judgment. These methods are powerful but costlier—use them when your diligence shows real value on the table.
Stacking strategies. Record the abstract early (to secure your place) while you pursue faster-moving tools like bank levies or wage garnishments. If you discover the debtor is preparing to sell a home, notify escrow (with professional courtesy) that you hold an abstract; many creditors are paid in full from sale proceeds without further litigation. Remember to add recording fees as allowable costs where permitted so you recover what you spend.
Step 9 — Handle exemption claims and debtor objections
California law protects certain income and property from collection. When your levy or garnishment hits, the debtor may file a Claim of Exemption asserting that some or all of the funds or wages are protected (for example, Social Security, some disability benefits, certain retirement funds, or a portion of wages needed for support). You will receive notice of any claim together with a deadline to respond. Do not ignore it—silence can result in the sheriff releasing funds back to the debtor.
First, read the claim carefully. Identify the asset (bank account ending 1234? wages from ABC Co.?), the statutory basis claimed, and the debtor’s supporting facts (household size, necessary expenses). Compare the claim to what you know: were the funds clearly traceable benefits? Is the account a commingled pool (benefits + other income)? Are the claimed expenses realistic relative to net income? Pull the bank statements if you subpoenaed them earlier; tracing is critical. Some benefits retain exemption when reasonably traceable even if commingled, but not all deposits are protected.
Decide whether to oppose, narrow, or concede. If the claim looks improper (e.g., “all funds are exempt” but statements show regular non-exempt deposits), prepare a timely Opposition to Claim of Exemption using the local form or procedure, attach exhibits (bank records, pay stubs), and explain briefly why only part or none of the funds should be released. If the claim is partly valid, consider proposing a modified order (e.g., leave a baseline amount for support but release the excess). Courts appreciate creditors who engage reasonably with exemption law rather than reflexively objecting to everything.
Hearing mechanics. Some exemptions are paper-only; others trigger a short court hearing. Arrive with a concise worksheet: what was levied, legal basis you rely on, and a side-by-side of deposits/expenses. Keep your tone factual. If the debtor raises new facts, ask for a brief continuance to subpoena documents if needed. If the court sustains an exemption in full, pivot to another asset class (wages instead of bank funds, or vice versa). If the court narrows the exemption, the sheriff will release the non-exempt portion to you after processing.
Common pitfalls. Missing the opposition deadline; arguing against clearly exempt benefits; or failing to provide tracing/evidence. Keep templates ready so you can file quickly. Remember that exemptions for wages differ from exemptions for lump-sum bank deposits; the formulas and protections are not identical. After the ruling, update your ledger and, where allowed, add opposition/hearing costs to the judgment balance using the proper post-judgment cost forms.
Step 10 — Keep enforcing, renew if necessary, and close out
Judgment collection is a campaign, not a single skirmish. If your first tactic doesn’t pay the balance, iterate: new banks, updated employer info, a fresh debtor exam, or a different county’s sheriff. Keep your ledger current with principal, interest (often 10% simple per year on civil judgments), costs added, and payments received. Each successful enforcement step (writ issuance, sheriff’s fee, recorder fee) can often be added to the judgment using the court’s post-judgment cost process—document every dollar with receipts.
Renewal. California money judgments are enforceable for a defined period but can be renewed before they expire, extending enforceability and interest accrual. Start your renewal checklist well in advance of the deadline (many creditors diary it at least six months out). File the appropriate renewal papers (in civil court, commonly an application for and notice of renewal) and then serve them per rules. Once renewed, update any recorded abstracts by recording the renewal so title reflects the extended life and updated amount. Missing renewal can drastically limit your options; treat it as a non-negotiable calendar item.
Strategic sequencing. Keep wage garnishments running while you pursue intermittent bank levies timed around known paydays or invoice cycles. If the debtor is self-employed, identify payors (clients who owe them) and consider an accounts receivable levy (levy directed to the person who owes your debtor). For business debtors with steady foot traffic, evaluate a keeper or till tap after you confirm cash flow. If assets are in another county, get a writ for that county and forward your packet to that sheriff—enforcement is generally county-specific.
Negotiation & settlement. At any stage, sensible settlement can save time and fees. If the debtor offers a lump sum that reasonably approximates your net recovery after more levies, take a clear, written deal that includes interest and costs to date, deadlines, and consequences for default. If paid in full, promptly file an Acknowledgment of Satisfaction of Judgment with the court and, if you recorded abstracts, record satisfactions to release liens; escrow and credit reporting often depend on your timely paperwork.
Know when to pause or escalate. If the debtor appears judgment-proof for now (no wages, no banks, no property), set a reminder to re-check in six to twelve months—jobs change, tax refunds arrive, property is acquired. For complex asset shielding or transfers, consider consulting counsel about higher-court remedies (e.g., fraudulent transfer actions). Throughout, keep communications professional and accurate; missteps (wrong names, expired writs, missed deadlines) are avoidable with a simple checklist. Persistence, clean records, and smart tool selection are what turn a paper win into money in your pocket.
Costs associated
- Court issuance fees (writs, abstracts), sheriff/levying officer fees, process-server fees.
- Copying/postage and optional professional help (collection agency/attorney).
- Many of these costs can be added to the judgment if you prevail on the enforcement step.
Time required
Typical sequence: 30-day wait → clerk issues writ (days) → sheriff serves levy/garnishment (days to weeks) → exemption windows/hearing (if any) → funds release or sale (weeks). Debtor exams and property levies can add weeks to months depending on calendars and cooperation.
Limitations of small-claims collection in California
- You must initiate and pay for enforcement; the court doesn’t collect for you.
- Writs are enforced county-by-county; use the county where the asset sits.
- Statutory exemptions protect some funds/wages; debtors can file exemption claims quickly.
- If the debtor is insolvent or judgment-proof, recovery may be limited.
Risks and unexpected problems
- Bad addresses, empty accounts, or job changes lead to “no funds” returns.
- Procedural missteps (wrong county, wrong name, missing deadlines) can void efforts.
- Appeals or stay bonds can pause enforcement; track deadlines carefully.