If you are a creditor, vendor or in-house counsel that does business in California, winning a lawsuit will not automatically put money in your account. Debtors often delay, hide assets or refuse to pay, and that gap between court judgment and payment is where post-judgment enforcement tools become necessary.
Court sanctioned post-judgment collection tools
After you win a judgment, California law gives you several ways to collect. Here are some of the standard tools used:
- Writ of execution: Ask the court for a writ so the sheriff can seize assets. Each writ lasts 180 days and you need a separate writ for each county where the debtor has property.
- Debtor examination: Order the debtor to appear in court with bank statements, pay stubs and tax records. If they are served and fail to appear at the hearing, the judge can issue a bench warrant for the debtor’s arrest.
- Bank levy and exemptions: You can freeze and take money from a bank account, but the law protects some funds. Currently, about $2170 (adjusted yearly) is automatically exempt, and Social Security and Department of Veterans Affairs (VA) for individual benefits stay protected.
- Wage garnishment: You may garnish up to 25% of disposable earnings or the amount above a set weekly minimum, whichever is less.
It is recommended to speak with a commercial collection lawyer to learn about the best course of action and avoid costly mistakes.
How writs and debtor exams work together
A writ of execution gives the sheriff the legal order to seize assets so the debtor can give what they owe you. One single error in the writ details, such as wrong names, amounts or interest can result in stopped collection and delays. A debtor exam will require the judgment debtor to show their bank accounts, income and other assets so you know where to collect.
What happens with bank levies?
A bank levy is one method the sheriff uses to take money from a bank account after you serve the writ. The bank freezes the account and hands over any available money up to the amount won in the judgment, but it keeps protected funds.
Why enforcement strategy matters
Post-judgment enforcement does not happen by itself and the court does not assist creditors in collecting funds. When debtors delay, your business loses cash flow andoperations can be disrupted. A skilled lawyer with experience in judgement enforcement can help turn your judgment into a real recovery.