How to Collect the Judgment

Documents may be electronically filed (eFiled). Pursuant to section 1010.6 of the Code of Civil Procedure, rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Court Rule 352, and Administrative Order 13/03, all documents filed by attorneys in limited, unlimited, and complex civil actions must be filed electronically unless the Court rules otherwise. Self-represented parties are exempt from the mandatory electronic filing requirement set forth in Orange County Superior Court Local Rules 352, but are strongly encouraged to participate voluntarily in electronic filing and service.. Electronically filed documents subject to the mandatory electronic filing requirements in civil limited, unlimited, and complex actions can be filed until midnight on the day that the filing is due, and will be considered timely pursuant to Code of Civil Procedure section 1010.6 subdivision (d)(1)(D). The document is “filed” at the date and time it is received by the court and the confirmation of receipt is created. See Cal. Rules of Court, Rule 2.259(a)(1). Any electronically filed document received by the Court on or after midnight will be file stamped on the next court day.. In addition to the Self-Help Centers, if you need access to a computer to eFile, you can find public computers at most public libraries and at the Public Law Library. Orange County Public Law Library Back to top

Enforcing Your Judgment

You have to take legal steps to collect the judgment. The court will not collect it for you. Below are the legal steps that you may take to collect your judgment in the order in which you may want to proceed:

You may proceed to enforce your judgment immediately, unless the court has ordered a "stay of execution." The filing of an appeal by the judgment debtor does not automatically stay the judgment.

Contacting The Judgment Debtor

Start by getting in touch with the judgment debtor. Give them an address where they can mail the payment. You can offer to accept less than the whole judgment if they pay right away. Or, you can agree to take regular payments.

Write to the judgment debtor instead of calling. That way, you cannot argue. The person who owes you money can pay you all at once, or ask to make payments. Both parties can "stipulate" (agree) to a payment plan. Fill out the form Stipulation for Time Payments (L-1094).

If you cannot agree on a payment plan, you can proceed to enforce the judgment.

Hearing To Disclose Assets

You can get the court to order the judgment debtor to go to court to answer questions about the property they own and how much money they make. This is only necessary if you need more information about the judgment debtor’s assets in order to levy (seize) them as described below.

Complete a form called Application and Order for Appearance and Examination (EJ-125). You will then need to have the clerk issue the order and you must pay a fee.

The Order will not be valid unless it is personally served on the judgment debtor. It must be served by the:

Provide the Sheriff or process server with:

The judgment debtor must also live within 150 miles from the court. If they live more than 150 miles away, you must conduct the hearing at the court in the county where the judgment debtor resides. For more information on this process, contact the staff at the court’s Self-Help Center.

The judgment debtor has to pay you or go to the hearing. If they have not paid before the hearing then you have to go to the hearing. The judge will make the judgment debtor answer your questions about the property they have, how much money they make, and how much money they have in the bank. For sample questions that you may ask, go to the California Courts website.

If the judgment debtor does not appear for the hearing, a bench warrant may be issued for their arrest. See the next section "How To Request a Bench Warrant".

How To Request A Bench Warrant

If the judgment debtor has been served with an Application and Order for Appearance and Examination (see above "Hearing to Disclose Assets"), their appearance at the hearing is mandatory. If the judgment debtor does not appear, the judge may order a bench warrant for their arrest.

It is your responsibility to have the bench warrant "issued" to the Sheriff for enforcement. To do this:

Memorandum Of Costs, Credit, And Interest

If you have to use legal proceedings to collect your money, you will have to pay court fees, service fees, and Sheriff fees (costs). You can add most of these extra costs to your original judgment as long as you do so within 2 years from when they were incurred and you have not filed a Satisfaction of Judgment. You can also claim interest at 10% annually from the date of the judge’s decision. Lastly, you can acknowledge any payments that the judgment debtor has made on the judgment.

Next, have someone mail or hand deliver a copy of the Memorandum to the judgment debtor. Then have the person complete the proof of service document on the back of the form. You must then file the form with the court. The judgment debtor who lost will have 10 days to file a motion to dispute some or all of the costs. If no motion is filed, the clerk will add the costs to the judgment. If they file a motion, you will get a notice of hearing about the motion. The court will decide if you should get paid for the costs you claimed.

Levying (Seize) Assets Using A Writ Of Execution

If the judgment debtor has not paid you, you may levy (seize) the assets of the judgment debtor. The two most common and inexpensive assets to levy are wages and bank accounts. You may be able to find out this information on your own. Otherwise, you may first need to have a hearing to question the judgment debtor about the location of their assets (see above).

A Writ of Execution (EJ-130) is a form you fill out and have issued by the clerk. It describes the details of the judgment. There is a fee to have the writ issued.

The Writ of Execution will be issued for the amount of the judgment. However, the judgment debtor may owe less if they have made a payment or they may owe more due to the 1) accrual of interest or 2) court costs that you have spent after judgment has been entered in trying to collect your judgment (see above "Memorandum of Costs, Credit and Interest").You need to get a writ before you can use any of the 5 collection methods listed below.

NOTE: You do not have to file this form for the costs you will be spending for the court fees and Sheriff’s fees for the current Writ of Execution you are requesting. Those costs will be automatically added. However, if you are claiming costs for a previous Writ or other costs spent to collect your judgment, you must wait 10 days after a copy of the Memorandum of Costs is mailed or given to the judgment debtor before those costs can be added to the current Writ of Execution you are requesting.

For more information on claiming a payment, interest, or costs see above "Memorandum of Costs, Credit, and Interest".

NOTE REGARDING SHERIFF DEPARTMENTS AND THEIR FEES:

All of the collection methods listed below may involve requesting the help of a Sheriff in the county where the asset or property is located. The Sheriff Instructions and Sheriff fees may vary from one county to another. If the Sheriff is successful in collecting your money, they will also collect their fee so that you are reimbursed. View more information about the Orange County Sheriff’s fees, locations, instruction forms and requirements.

SEIZE EARNINGS:

You can tell the Sheriff to take wages if you know where the judgment debtor works. An Earnings Withholding Order tells the judgment debtor’s employer to give the Sheriff a portion of what they earn until the judgment is paid. The standard portion withheld is 25% of the net (after-tax) pay. The sheriff will give you the money.

You will need to know the name and address of the employer of the judgment debtor so that the Sheriff can serve them with the forms. The employer must then respond to the Sheriff within 15 days confirming that the judgment debtor works there and how frequently they are paid.

The judgment debtor may challenge the seizure of their wages. For more information, see section Making Payment/Failure to Make Payment - Defendant.

SEIZE PERSONAL PROPERTY:

You can tell the Sheriff to take money from the bank account and give it to you. Or, you can get the Sheriff to take personal property, such as a vehicle, sell it, and give you the money. You must know the location of the property. The Sheriff’s fees vary greatly depending on the property, ranging from approximately $35.00 to levy (seize) a bank account to $1,800.00 to seize and sell a vehicle. These costs will be added to the amount that the Sheriff collects, but there is no guarantee of collection. There may not be any money in the bank account, or the judgment debtor may owe more on the car than it is worth.

The judgment debtor may challenge the seizure of their bank account or personal property. For more information, see the section Making Payment/Failure To Make Payment – Defendant.

SEIZE MONEY OF A BUSINESS (TILL TAP):

If the judgment debtor is a business with a cash register, you can get the Sheriff to go to the business and take enough money out of the register to pay the judgment and the Sheriff’s fee. This is a common collection method and not as expensive as putting a Sheriff’s "keeper" in a business (see below).

The judgment debtor may challenge the seizure of their personal property. For more information, see section Making Payment/Failure To Make Payment – Defendant.

SEIZE THE MONEY AND PERSONAL PROPERTY IN THE DEBTOR’S BUSINESS ("KEEPER"):

If the judgment debtor is a business, you can get the sheriff to put someone (called a "keeper") in the business for a certain amount of time. They will collect money throughout the day until the time you have paid for is up or the judgment is paid. It is also possible to have the Sheriff sell the inventory of the business. The Sheriff’s fees for a keeper can be expensive. The fees will be added to the amount that the Sheriff collects, but there is no guarantee of collection.

The judgment debtor may challenge the seizure of their personal property. For more information, see section Making Payment/Failure To Make Payment – Defendant.

SELL LAND, BUILDINGS, OR RESIDENCE:

You may be able to seize and sell the judgment debtor’s land, buildings, or residence. The process is complicated and costly. It is recommended that you consult an attorney who specializes in the collection of civil judgments.

Recording A Lien On Land Or Buildings

An Abstract of Judgment (EJ-001) puts a lien on any land, house or other building that the judgment debtor owns. If the person who lost sells the property with title insurance, you will be paid using the money from the sale. You have to pay to get an Abstract of Judgment from the court. You also have to pay to record it in every county where the person might own land. You do not have to provide the address of the property to lien, nor do you even need to know for certain that the judgment debtor owns property. The Abstract of Judgment will place a lien on any property that is in the name of the judgment debtor. A simple rule of thumb is to record a lien in the county where the judgment debtor resides or does business.