Winning your small claims case is step one. Collecting the money is step two — and it can be harder than the lawsuit itself. Here’s how to actually get paid.
First: Wait 30 Days
The defendant has 30 days to appeal the judgment. Don’t start collection efforts until the appeal period expires (or you confirm no appeal was filed).
Collection Methods
1. Wage Garnishment (Earnings Withholding Order)
The most effective method for employed defendants.
How it works: 1. File a Writ of Execution (EJ-130) at the court — $40 fee 2. Take the writ to the Sheriff in the defendant’s county 3. Complete an Application for Earnings Withholding Order (WG-001) 4. Sheriff serves the order on the defendant’s employer 5. Employer withholds up to 25% of disposable earnings each pay period until the judgment is paid
Pros: Automatic, ongoing until paid in full Cons: Only works if the defendant is employed and you know where
2. Bank Levy
If you know where the defendant banks, you can freeze and collect funds.
How it works: 1. File a Writ of Execution at the court 2. Take the writ to the Sheriff 3. Provide the defendant’s bank name and branch 4. Sheriff serves the levy on the bank 5. Bank freezes the account and sends available funds (minus exemptions) to the Sheriff
Pros: Can collect the full amount in one action Cons: Requires knowing the bank; defendant may have minimal funds
3. Property Lien
Place a lien on the defendant’s real property.
How it works: 1. Record an Abstract of Judgment (EJ-001) with the County Recorder in any county where the defendant owns property 2. The lien attaches to all real property in that county 3. The lien must be paid when the property is sold or refinanced
Pros: Secure; eventually gets paid Cons: May take years if the defendant doesn’t sell the property
4. Vehicle Lien
Register your judgment with the DMV.
How it works: 1. File a lien with the California DMV 2. Lien appears when the defendant tries to sell or transfer the vehicle
5. Debtor’s Examination
If you don’t know the defendant’s assets, you can compel them to appear in court and answer questions under oath about their income, bank accounts, property, and other assets.
How it works: 1. File an Application and Order for Appearance and Examination (AT-138/EJ-125) 2. Court sets a hearing date 3. Defendant must appear and answer questions about their finances 4. Use the information to pursue wage garnishment, bank levies, etc.
Interest on Your Judgment
California judgments accrue interest at 10% per year from the date of the judgment. This means a $10,000 judgment grows by $1,000 per year until paid.
How Long Is a Judgment Valid?
California judgments are valid for 10 years and can be renewed for another 10 years. You have time to collect.
How Superior Court Docs Can Help
Need help preparing collection forms? Superior Court Docs can prepare your post-judgment enforcement documents. 📞 (213) 973-7248.
Related: Complete Guide to Small Claims | How to File in LA
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