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You are here: Small Claims > Collect Your Judgment > More Ways to Collect a Judgment
In addition to putting a lien on the debtor's property, there are other ways to collect a judgment:
Am I able to collect (called "garnish") from the debtor's wages if he or she is employed?
Am I able to collect against the wages of the debtor's spouse if that person wasn't a defendant in my case?
Am I able to collect from the debtor's money in accounts or property located in a safe deposit box at a bank or credit union?
How do I collect from a retail business?
What do I do if I know that someone else owes the debtor money or is holding property owned by the debtor?
How do I collect from the debtor's personal property?
How do I get a seizure, turnover, or assignment order?
Can I have the sheriff take the debtor's car and sell it?
Can I have the debtor's house or other real property sold at public auction?
Am I able to collect (called "garnish") from the debtor's wages if he or she is employed?
Yes. You're entitled to collect up to 25% of the amount over the federal minimum wage that the debtor earns that is not otherwise exempt. For information about garnishing wages and exemptions, check out Civil Procedure Code sections 706.010  through 706.154 and 15 U.S.C. sections 1671 through 1677 (Restrictions on Garnishment).
You'll need the court to issue a Writ of Execution (form EJ-130). You'll then need to prepare an Application for Earnings Withholding Order (form WG-001). In many counties you'll need to hire a process server to serve the employer with the necessary papers that are used to complete the wage garnishment. Check with the small claims legal advisor or sheriff/marshal for more information. The Application for Earnings Withholding Order serves as the written instructions to the sheriff.
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Am I able to collect against the wages of the debtor's spouse or domestic partner if that person wasn't a defendant in my case?
Yes. Your local court should allow you to file a noticed motion under Code of Civil Procedure section 706.109 using small claims form SC-105.
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Am I able to collect from the debtor's money in accounts or property located in a safe deposit box at a bank or credit union?
Yes. In many counties you don't need to actually have an account number to do this. Check with the small claims legal advisor or sheriff/marshal for more information.
You only need to know the branch where the accounts are maintained or the safe deposit box is located.
You'll need the court to issue a Writ of Execution (form EJ-130). You'll then need to prepare instructions for the sheriff/marshal explaining what you want them to levy. Check with your levying officers to see if it has a local form or prepare your own. Click here to find your local sheriff .
In many counties you'll need to hire a process server to serve the bank with the Notice of Levy (Enforcement of Judgment) (form EJ-150) that is needed to put your recovery from these sources into effect. Check with the small claims legal advisor or sheriff/marshal for more information. If you hire a process server, they generally will prepare the instructions as a part of their fee.
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How do I collect from a retail business?
If you wrote a check to the business, you may be able to look at the back of your cancelled check to find out where the debtor's business bank account is located. You could then collect by directly levying on that bank account.
In addition you may want to either do a till tap or have a keeper put into the business. A "till tap" involves a one-time emptying of a cash register up to the amount of the judgment. A "keeper" involves sending a sheriff's deputy to a business for 4 or 8 hours to collect all cash and checks paid to the business during that time period. Click here for more information about till tap/keepers. (Note: The sheriff's fee mentioned here is for Sacramento County. Your sheriff may have a different fee.)
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What do I do if I know that someone else owes the debtor money or is holding property owned by the debtor?
It is possible to collect from items such as:
- Judgments in favor of the debtor against someone else,
- Loans made by the debtor to someone else,
- Accounts receivable payable to the debtor,
- Rent payable to the debtor,
- Royalty payments to the debtor.
It's possible to collect from the debtor's money or property held by someone else if:
- You want a one-time immediate collection (called "levy") from this source and not a levy that will continue over an extended period of time.
- The property you seek to collect from is accessible to the public (like an art gallery or consignment shop).
The collection procedure is not complicated. Check out Code of Civil Procedure sections 700.040 and 701.010 through 701.070 .
Have the court issue a Writ of Execution (form EJ-130) to the sheriff/marshal in the county where the property or other person is located. You give instructions to the sheriff/marshal. Check with your levying officer to see if it has a local form or prepare your own.
A Notice of Levy (Enforcement of Judgment) (form EJ-150) is then prepared and served on the person who is holding the property, instructing that person to turn the money or property over to the levying officer. Contact your small claims advisor for more information.
If the third party does not deliver the property to the sheriff/marshal, you might be able to file a lawsuit against them. Check out Code of Civil Procedure section 701.020 .
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How do I collect from the debtor's personal property?
It is possible (but perhaps not easy) to attach and sell at public auction the debtor's tangible personal property held in a private place, such as:
- Audio equipment, televisions or musical instruments;
- Computers;
- Coin collections;
- Jewelry;
- Rare books, etc.
It's possible to collect from the debtor's property without further order of the court if:
- The property is not exempt from judgment.
- The debtor voluntarily delivers the property over to the sheriff/marshal after being served with a "Notice of Levy."
The collection procedure itself is not complicated (check out Code of Civil Procedure section 699.030 ).
You have the court issue a Writ of Execution (form EJ-130) to the sheriff/marshal in the county where the property is located. You give instructions to the sheriff/marshal or hire a registered process server. If you hire a process server, they generally will prepare the instructions as a part of their fee. A Notice of Levy (Enforcement of Judgment) (form EJ-150) is then prepared and served on the debtor, instructing them to turn the money or property over to the levying officer. The sheriff/marshal only makes a demand when serving the debtor with the Notice of Levy and advises the debtor that they may be liable for attorney fees and costs. If the property is not delivered, the sheriff takes no further action to obtain the property and notifies you that the property was not delivered to the sheriff/marshal. If this occurs, you will need to get a seizure or turnover order from the court. Contact your small claims advisor for more information.
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How do I get a seizure, turnover, or assignment order?
These orders require a hearing before a judge.
- A "seizure order" lets the sheriff/marshal take property from a private home. (Generally this is used for large property, e.g., a piano or stereo system.) For more information about seizure orders, check out Code of Civil Procedure sections 699.030 through 699.090 .
- A "turnover order" requires the debtor to give property to the sheriff/marshal. (Generally this is used for small property, e.g., a valuable watch or a coin collection.) For more information about turnover orders, check out Code of Civil Procedure sections 699.040 through 699.090 .
- An "assignment order" requires the debtor to assign ongoing payments to you. (Generally this is used for continuing royalty payments, sales commissions, or rent payments.) For more information about assignment orders, check out Code of Civil Procedure sections 708.510 through 708.560 .
- In most counties you should be able to use the small claims motion form (form SC-105) to request any of these orders. You'll probably need to prepare a proposed order for the judge to sign. Contact your small claims advisor for more information.
- Your local law library should have resources that are helpful in seeking these types of orders. Click here to find a law library .
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Can I have the sheriff take the debtor's car and sell it?
Yes, but this process is fairly expensive. Also, there often isn't enough value, if any, left in the car to pay very much of the judgment. For more information, check out Code of Civil Procedure sections 701.510 to 701.830 . You would follow these steps:
- Start by getting information about the vehicle. What is the vehicle identification number (VIN)? Does a bank or other lender have an interest in the vehicle?
- Have the court issue a Writ of Execution (form EJ-130 directed to the sheriff/marshal in the county where the vehicle is located.
- Give the sheriff/marshal written instructions and their fees and deposit (approximately $1,000).
- An officer will then physically remove the vehicle and store it.
- The sheriff/marshal then advertises the public auction of the vehicle and gives notice to the debtor.
- If the vehicle is sold at auction, before you get paid, the sheriff's fees will be paid. Also, the debtor is entitled to $2,300 of the proceeds of the sale (paid to them or to a lienholder) if there's a loan on the vehicle.
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Can I have the debtor's house or other real property sold at public auction?
Yes. You can have the sheriff/marshal take the debtor's real property and have it sold at public auction. For more information, check out Code of Civil Procedure sections 700.015 , 701.540 through 701.680 , and 704.710 through 704.850 . This is a relatively complex way to collect a judgment. If you still want to do it, follow these steps:
- Start by getting information about the real property from the county assessor's office and the county recorder's office. Click here to find your county recorder. Does a bank or other lender have an interest in the property? Are there other owners of the property?
- Have the court issue a Writ of Execution (form EJ-130) to the sheriff/marshal in the county where the real property is located.
- Give the sheriff/marshal written instructions and their fees. Click here to find your county sheriff . The sheriff will probably have a form of "Real Property Levy Instructions." The fees will probably be approximately $1,000.
- An officer will then serve a Notice of Levy on the debtor and you.
- If the real property is a dwelling, you must ask the court for an order of sale. You must do this within 20 days of receiving notice that the levy has been made.
- After 120 days, an officer will then serve a "Notice of Sale" on the debtor. The notice will be posted in a public place and on the property. It's served on the occupant of the property, if there is one. The notice also is published in the local newspaper and mailed to any lienholders.
- Proceeds from the sale are to be distributed within 30 days after the sale.
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Last modified: 01/05/2009
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