How to Collect a Small Claims Judgment in California

Winning your small claims case is only half the battle. The court does not collect money for you. If the defendant (now called the "judgment debtor") does not pay voluntarily, you need to take enforcement action on your own.

The good news is that California gives judgment creditors several powerful collection tools. The challenge is knowing which ones to use and in what order. This guide covers the practical steps for turning a paper judgment into actual money.

The 30-Day Waiting Period

After the judge rules in your favor, the court mails both parties a Notice of Entry of Judgment (Form SC-130). From the date of mailing, there is a mandatory 30-day waiting period before you can begin enforcement. This window exists to give the debtor time to pay voluntarily or file an appeal.

During this period, send the debtor a polite but firm letter reminding them of the judgment amount and requesting payment. Many debtors pay at this stage to avoid the hassle and additional costs of enforcement.

If 30 days pass with no payment and no appeal, you can begin collection.

Step 1: Find the Debtor's Assets

Before you can seize wages or bank accounts, you need to know where the money is. The most direct way to find this out is through a Judgment Debtor's Examination.

Judgment Debtor's Examination (Form SC-134)

File Form SC-134 with the court ($60 filing fee) to compel the debtor to appear in court and answer questions about their finances under oath. The judge (or you, in some counties) can ask about:

• Where they work and how much they earn
• What bank accounts they hold and at which institutions
• Whether they own real estate, vehicles, or other valuable property
• What other debts or obligations they have

If the debtor fails to appear, the judge can issue a bench warrant for their arrest. This alone is often enough motivation for the debtor to show up and cooperate.

The information you gather here determines which collection method will be most effective.

Step 2: Get a Writ of Execution (Form EJ-130)

Most enforcement actions require a Writ of Execution, which is the court's authorization for the sheriff to act on your behalf. File Form EJ-130 with the court clerk. The fee is typically $25 to $50.

The writ is valid for 180 days. If you do not complete your enforcement action within that window, you will need to obtain a new one.

Step 3: Choose Your Collection Method

Bank Levy

A bank levy is often the fastest collection method if you know where the debtor banks. Here is how it works:

1. Obtain your Writ of Execution (EJ-130)
2. Take the writ to the sheriff's office in the county where the bank branch is located
3. Provide the sheriff with the debtor's name, the bank name, and the branch address
4. Pay the sheriff's fee (typically $40 to $50)
5. The sheriff serves the bank with a levy notice
6. The bank freezes the debtor's account and turns over funds up to the judgment amount

The debtor can claim certain exemptions (such as funds from Social Security or disability benefits), but the process is straightforward for non-exempt funds.

Wage Garnishment (Forms WG-001 and WG-002)

If the debtor has a regular job, wage garnishment provides a steady stream of payments until the judgment is satisfied. The process uses two forms:

• WG-001: Application for Earnings Withholding Order (filed with the court)
• WG-002: The actual Earnings Withholding Order (served on the employer by the sheriff)

Once served, the employer is legally required to withhold a portion of the debtor's paycheck and send it to the levying officer, who forwards it to you. California law limits garnishment to 25% of disposable earnings or the amount by which weekly earnings exceed 40 times the state minimum wage, whichever is less.

Wage garnishment works well for employed debtors with steady income. It does not work for self-employed individuals, independent contractors, or people paid in cash.

Real Estate Lien (Form EJ-001)

If the debtor owns property, you can place a lien on it by filing an Abstract of Judgment (Form EJ-001) and recording it with the County Recorder in every county where the debtor owns real estate. Costs include a $25 to $45 court filing fee plus a $30 to $100 recording fee per county.

A lien does not give you immediate cash. Instead, it attaches to the property and must be paid off before the debtor can sell or refinance. The lien is valid for 10 years and can be renewed.

This method is best used as a long-term strategy or as leverage to encourage the debtor to pay.

Adding Costs and Interest

Your judgment earns interest at 10% per year from the date of entry until it is paid in full (5% for certain medical and personal injury debts). You can also recover the costs of enforcement, including filing fees, sheriff's fees, and service costs.

To add these amounts to your judgment, file Form MC-012 (Memorandum of Costs After Judgment). This updates the total amount the debtor owes, and future enforcement actions will reflect the higher balance.

When the Debtor Cannot Pay

Some debtors genuinely have no assets, no income, and no property. In that situation, your judgment is still valid for 10 years and can be renewed for another 10. Financial situations change. A debtor who cannot pay today may have a job, inheritance, or property sale in the future.

You can periodically re-file for a debtor's examination to check whether their financial situation has improved.

Practical Tips

• Act quickly. The sooner you begin enforcement, the less time the debtor has to hide or spend assets.
• Use multiple methods. There is no rule against pursuing a bank levy and a wage garnishment simultaneously.
• Keep records of every cost. Every fee you pay for enforcement is recoverable via MC-012.
• Be persistent. Collection can take months. Many judgment creditors give up too early.

The complete California Small Claims Court Filing Guide walks you through every step -- from demand letter templates and SC-100 form instructions to evidence worksheets and post-judgment collection methods. It includes detailed instructions for each enforcement form so you can start collecting without hiring an attorney.