Winning a small claims case is the first half of the job. The second half is collection, and it is the part the court leaves to the person who won. This is one of the procedures covered in California Small Claims Court: Limits, Filing, and Procedure. This article picks up after the judgment: how to locate what the debtor owns, how a judgment debtor examination works, and how to convert the judgment into money through a levy, a wage garnishment, or a lien.
The person who won and is owed money is the judgment creditor. The person who lost and owes it is the judgment debtor. The rest of this article uses those terms.
Why the court won’t collect for you
A California judgment is an order that the debtor pay, not a transfer of money. The court enters the judgment and then steps back. No clerk, sheriff, or judge contacts the debtor to demand payment on the creditor’s behalf. California Courts explains that collecting the judgment is the creditor’s responsibility, and that the creditor uses the court’s enforcement tools to reach the debtor’s wages, bank accounts, and property.
The first move is usually the cheapest one: ask. A debtor who has the money sometimes pays once the judgment is final, especially to avoid the cost and embarrassment of a levy. A debtor who pays in full can be asked to confirm it, and the creditor then files an Acknowledgment of Satisfaction of Judgment so the debt is marked paid on the record.
Payment does not have to be immediate. The judgment becomes enforceable once the time to appeal has passed. Under Cal. Code Civ. Proc. § 116.710, a defendant who appeared at the hearing has 30 days from the mailing of the notice of entry of judgment to appeal, a window described in how to appeal a small claims judgment in California, so a creditor who starts enforcement should confirm that window has closed before spending money on a levy.
Find the debtor’s assets first
Enforcement is aimed at specific assets, a particular bank account, a particular employer, a particular parcel of land. Spending money to levy an account that turns out to be empty wastes the levy fee. So collection starts with finding out what the debtor has and where it is.
Some of this is public or already known. A creditor may know where the debtor works, what bank the debtor used to pay a past bill, or whether the debtor owns a home. Where that information is missing, California gives the creditor a formal tool to demand it directly from the debtor under oath.
The judgment debtor examination
The judgment debtor examination, often called a debtor’s exam or an “order of examination”, is a court-ordered hearing where the debtor must appear and answer questions, under oath, about income, bank accounts, employment, and property. It is the primary way a creditor who does not know the debtor’s assets finds them, authorized by Cal. Code Civ. Proc. § 708.110.
The creditor starts it by filing an Application and Order for Appearance and Examination, form [AT-138/EJ-125], and serving the debtor. In small claims the related order requiring the debtor to bring financial documents is the Order to Produce Statement of Assets (SC-134), which directs the debtor to complete a statement of assets and bring records to the hearing. California Courts’ guide to preparing for a debtor’s examination describes the questions a creditor can ask and the documents to request.
Apply for the examination order
The creditor files the application for an order of examination with the court that entered the judgment and pays the filing fee. The court issues an order setting a date for the debtor to appear and answer questions about assets. In small claims, the SC-134 order directs the debtor to complete a statement of assets and bring supporting records.
Serve the debtor personally
Under
Cal. Code Civ. Proc. § 708.110, the order must be personally served on the debtor by a non-party at least 10 calendar days before the examination date. Personal service matters here: if the debtor is properly served and does not show up, the court can issue a bench warrant for failure to appear.Ask about income, accounts, and property
At the hearing the creditor questions the debtor about employer and pay, bank and credit-union accounts, vehicles, real estate, and other assets. The answers tell the creditor which enforcement tool fits, a wage garnishment if the debtor is employed, a bank levy if there is an account, a lien if the debtor owns real property.
The examination is also available against a third person who holds the debtor’s property or owes the debtor money, though that requires a showing to the court first.
Take the money: levies, garnishment, and liens
Once the creditor knows where an asset is, the next step is the legal instrument that reaches it. Most enforcement against money requires a Writ of Execution; a lien on land does not.
A Writ of Execution (form EJ-130) is the court order that authorizes the sheriff to seize money or property to satisfy the judgment. The clerk issues it for the county where the asset is located. California Courts describes the Writ of Execution (EJ-130) as the document the levying officer needs before it can levy a bank account or garnish wages. A separate writ is generally needed for each county where the creditor wants to collect.
With a writ in hand, three common methods follow:
- Bank levy. The sheriff or a registered process server, acting as the levying officer, serves the writ and instructions on the bank, which freezes and turns over non-exempt funds in the debtor’s account. The mechanics of a bank levy are covered in California bank levy: collect a small claims judgment.
- Wage garnishment. An Earnings Withholding Order directs the debtor’s employer to withhold a portion of each paycheck and send it to the levying officer until the judgment is paid. California caps how much of a paycheck can be taken. The garnishment procedure is covered in how to garnish wages after a California small claims judgment, and the writ that makes it possible is covered in the California Writ of Execution (form EJ-130).
- Property lien. Recording an Abstract of Judgment with a county recorder places a lien on real estate the debtor owns in that county, so the debt must be paid when the property is sold or refinanced. The recording process is covered in abstract of judgment in California: how to lien property.
## Interest, costs, and the 10-year clock
A California money judgment does not expire quickly, and it grows while it is unpaid. As of 2026, a money judgment earns interest at the legal rate of 10% per year on the unpaid balance, and California Courts confirms a judgment is enforceable for 10 years and accrues interest until paid. A judgment debtor exam, levy, and the interest that accrues over a decade give a patient creditor real leverage even against a debtor who cannot pay today.
The creditor can also recover the costs of collecting. Filing fees for the writ, levy fees, and process-server costs are added to the judgment as recoverable costs using a Memorandum of Costs After Judgment, so the debtor, not the creditor, ultimately bears the expense of enforcement when the judgment is collected.
## When the debtor still won’t pay
Some debtors have nothing reachable today, no job, no bank account, no property. That debtor is sometimes described as judgment-proof, which is not a legal status so much as a practical one: there is currently nothing the law allows the creditor to take. The judgment still stands. Because it lasts 10 years and can be renewed, a creditor can wait, re-run a debtor’s exam later, and levy once the debtor has income or an account.
A debtor who was properly ordered to a debtor’s examination and failed to appear can face a bench warrant, and continued refusal to obey court orders can lead to contempt proceedings. These consequences run through the court, not through the creditor directly.
If the original judgment was against a business, the assets to pursue are the business’s, and reaching an owner personally depends on how the business is organized and whether the owner was named. Collection against a corporation or LLC follows the same writ-and-levy path aimed at the entity’s accounts and property.
Frequently asked questions
Does the court collect the money for me after I win?
No. In California the court enters the judgment but does not collect it. The judgment creditor enforces it using the court’s tools, a debtor’s examination to find assets, then a Writ of Execution (form EJ-130) to levy a bank account or garnish wages, or an Abstract of Judgment to lien real estate. California Courts confirms collection is the creditor’s responsibility. The clerk and sheriff process the paperwork the creditor files, but no one collects on the creditor’s behalf automatically.
What is a judgment debtor exam and can the debtor refuse to come?
A judgment debtor examination is a court hearing where the debtor must answer questions under oath about income, accounts, and property, authorized by Cal. Code Civ. Proc. § 708.110. The creditor obtains an order of examination and personally serves it on the debtor at least 10 days before the date. A debtor who is properly served and does not appear can be subject to a bench warrant for failure to obey the order, so it is not something the debtor can simply ignore.
How much of a paycheck can be garnished in California?
California limits wage garnishment to a portion of disposable earnings, and earnings below a protected threshold tied to the minimum wage cannot be taken at all. The debtor can also file a claim of exemption asking the court to reduce or stop the garnishment based on financial hardship. The garnishment runs through an Earnings Withholding Order served on the employer after the creditor obtains a Writ of Execution. The procedure is covered in how to garnish wages after a California small claims judgment.
How long do I have to collect, and does the amount grow?
A California money judgment is enforceable for 10 years from the date it is entered and can be renewed for additional 10-year periods if the renewal is filed before the deadline. The unpaid balance accrues interest at the legal rate of 10% per year, and California Courts confirms a judgment accrues interest until it is paid. A judgment allowed to lapse without renewal becomes unenforceable.
What if the debtor has no job, bank account, or property?
A debtor with nothing the law allows the creditor to reach is sometimes called judgment-proof, but the judgment does not disappear. It remains valid for 10 years and can be renewed. A creditor can wait and re-examine the debtor later, then levy or garnish once the debtor has income or assets. Interest continues to accrue on the unpaid balance during that time.
Sources
- California Courts, Collect your money (after a small claims judgment)
- California Courts, Prepare for a debtor’s examination
- Order to Produce Statement of Assets (SC-134)
- Writ of Execution (EJ-130)
- Cal. Code Civ. Proc. § 116.820 (judgment and enforcement in small claims)
- Cal. Code Civ. Proc. § 708.110 (judgment debtor examination)
- Wex: judgment (Cornell Legal Information Institute)