California Writ of Execution (Form EJ-130): How to Get One

A writ of execution is the document that turns a paper judgment into a collection tool. It is one of the post-judgment steps covered in California Small Claims Court: Limits, Filing, and Procedure. This article explains what the writ authorizes, when a judgment creditor can request one, how to complete and file Form EJ-130, what it costs, how long it stays valid, and what the sheriff can do with it.

What a writ of execution does

A money judgment does not collect itself. The court decides who owes what, but the winning party (the judgment creditor) has to take separate steps to get paid by the losing party (the judgment debtor). A writ of execution is the order that gives a county sheriff or marshal the legal authority to enforce the judgment by seizing the debtor’s nonexempt money or property.

The writ is issued by the clerk of the court that entered the judgment and is addressed to the sheriff of the county where the property or income is located. Under Cal. Code Civ. Proc. § 699.510, the writ directs the levying officer to enforce the judgment, and a separate writ is needed for each county where the creditor wants to collect. Once the sheriff has the writ plus written instructions, the officer can levy on a bank account, garnish wages, or seize other reachable assets.

The writ itself does not name a specific bank or employer. It is general authority; the creditor supplies the target through separate instructions to the sheriff. A creditor who does not yet know where the debtor banks or works typically conducts a debtor’s examination first, then directs the levy once the assets are identified.

When you can request a writ

A small claims judgment becomes enforceable 30 days after the clerk mails the notice of entry of judgment, once the appeal window under Cal. Code Civ. Proc. § 116.710 has closed. A defendant who loses on the plaintiff’s claim has those 30 days to file an appeal, and the judgment cannot be enforced while a timely appeal is pending. A writ requested before the judgment is enforceable will be rejected.

The judgment stays enforceable for 10 years from the date of entry and can be renewed for additional 10-year periods before it expires, under Cal. Code Civ. Proc. § 683.020. A creditor can request multiple writs over that period as long as the judgment remains unpaid and unexpired.

How to request the writ (Form EJ-130)

The request is made on Judicial Council Form EJ-130, “Writ of Execution.” The creditor completes the form and files it with the clerk of the court that entered the judgment. The clerk issues the writ by signing and sealing it; the creditor then delivers the issued writ to the sheriff with instructions.

1. Confirm the judgment is final and the amount owed

   The judgment must be enforceable, meaning the 30-day appeal window has closed without a timely appeal. Calculate the total owed: the principal judgment, accrued interest at 10 percent per year on the unpaid balance, and any recoverable costs of enforcement, minus any payments the debtor has already made.

2. Identify the county of enforcement

   The writ is issued for one county. Name the county where the debtor’s bank, employer, or property is located. A creditor collecting from assets in more than one county needs a separate writ for each.

3. Complete Form EJ-130

   Fill in the court and case information, the names of the judgment creditor and judgment debtor exactly as they appear on the judgment, the total amount of the judgment, the daily interest figure, and the credits for any payments received. Accuracy on the names matters: a levy can fail if the name on the writ does not match the name on the debtor’s account.

4. File the form with the clerk and pay the fee

   Submit the completed form to the clerk of the court that entered the judgment, with the issuance fee. The clerk signs and seals the writ, which is what makes it a valid order the sheriff can act on.

5. Deliver the issued writ to the sheriff with instructions

   Take or mail the issued writ to the sheriff or marshal in the county of enforcement, along with written instructions identifying the asset to levy (the bank and branch for a bank levy, or the employer for a wage garnishment) and the required sheriff’s fee deposit.

The issuance fee and how long the writ lasts

As of 2026, the clerk charges $40 to issue a writ of execution under Cal. Gov. Code § 70626(b). This fee is separate from the sheriff’s fees for carrying out a levy, which vary by county and by the type of enforcement. The issuance fee is itself a recoverable cost of enforcement that can be added to the judgment balance.

An issued writ is valid for 180 days. Under Cal. Code Civ. Proc. § 699.560, the levying officer returns the writ to the court within 180 days after the date it was issued, and any levy has to be completed within that window. A writ that is not used within 180 days expires, and the creditor requests and pays for a new one to keep collecting.

Using the writ to levy on assets

The writ is the authority; the levy is the action. After the sheriff receives the issued writ and instructions, the levying officer serves the levy on the third party holding the debtor’s money or property. For a bank account, the sheriff serves the bank, which freezes nonexempt funds in the account. For wages, the sheriff serves the debtor’s employer with an earnings withholding order, and the employer withholds a portion of each paycheck.

Not all of a debtor’s money can be taken. California exempts certain property and income from levy, including a portion of wages, public benefits, and some retirement accounts. The debtor can file a claim of exemption to protect exempt funds, and the creditor can oppose it. The categories of exempt property are listed in the Judicial Council’s exemption guidance and in Cal. Code Civ. Proc. § 704.010 and following.

When the levy succeeds, the sheriff collects the funds, deducts the sheriff’s fee, and forwards the balance to the creditor, applying it to the judgment. A single levy rarely collects more than what is in the account or one pay period’s garnishment, so a creditor collecting a larger judgment often directs repeated levies over the life of the writ.

If the writ expires before you collect

A writ that reaches its 180-day limit without fully satisfying the judgment is returned to the court by the sheriff. The judgment itself does not expire; only the writ does. As long as the judgment remains within its 10-year enforceable period under Cal. Code Civ. Proc. § 683.020, the creditor can request a fresh writ and continue.

The process of using successive writs, debtor examinations, liens, and levies to satisfy a judgment is the broader subject of collecting a small claims judgment in California. The writ of execution is one tool within that process, used each time the creditor is ready to direct the sheriff at a specific asset.