Enforcing a California money judgment: the writ, the abstract, and the 180-day rule

Winning is not collecting. A California money judgment gives you the right to use the enforcement machinery in the Enforcement of Judgments Law, but nothing happens until you ask for it — and the first two things to ask for are a writ of execution and, if the debtor owns real property, a recorded abstract of judgment.

Everything the debtor owns is fair game — with exceptions

CCP 695.010(a):

Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.

The exceptions are the exemptions in CCP 703 and 704, and they are substantial — the homestead in particular. The guide on California exemptions covers what a debtor can keep.

Subdivision (b) closes a gap: property attached during the action but transferred before judgment "is subject to enforcement of the money judgment so long as the attachment lien remains effective." A pre-judgment attachment therefore survives a transfer, which is one of the reasons to attach early.

The writ of execution

Who issues it — CCP 699.510(a): after entry of a money judgment, "a writ of execution shall be issued by the clerk of the court, upon application of the judgment creditor," directed to the levying officer in the county where the levy is to be made and to any registered process server.

Three features of that sentence shape the practice.

It is a clerk's act, not a motion. No hearing, no notice to the debtor.

One writ per county. "A separate writ shall be issued for each county where a levy is to be made." A debtor with a bank account in one county and a car in another needs two.

And there is a 180-day wait before a repeat. Writs "may be issued successively until the money judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned."

That last clause is the practical lever. If a levy comes up empty, get the writ returned rather than letting it sit — otherwise you are locked out of that county for six months.

Priority: the clerk "shall give priority to the application for, and issuance of, writs of execution on orders or judgments for child support and spousal support."

Family Code judgments — subdivision (b): a creditor enforcing a judgment made, entered or enforceable under the Family Code must also satisfy any applicable Family Code requirements, on top of this article.

Naming the debtor — subdivision (c)(1): the writ issues in the name of the judgment debtor as listed on the judgment, except that the creditor "shall omit the name of a judgment debtor … if the liability of that judgment debtor has ceased," including where that debtor has obtained a discharge of the judgment.

A discharged debtor must be left off the application. This is not optional.

What the writ has to say

CCP 699.520 lists what the writ must contain, and it is worth reading as a checklist because the numbers have to be right on the day it issues:

• (a) the date of issuance;
• (b) the court, cause and case number;
• (c) whether the judgment is for wages owed, child support, or spousal support;
• (d) the creditor's name and address and the debtor's name and last known address — and, where the debtor is not a natural person, the type of legal entity;
• (e) the date of entry of the judgment and of any subsequent renewals, and where entered;
• (f) the total amount of the judgment as entered or renewed, plus costs added under CCP 685.090 and accrued interest from entry or renewal to the date of issuance, reduced by partial satisfactions and by any amounts no longer enforceable;
• (g) the amount required to satisfy the judgment on the date the writ is issued;
• (h) the amount of interest accruing daily on the principal from the date of issuance;
• (i) whether anyone has requested notice of sale, with their name and mailing address;
• (j) the sum of fees and costs added to the judgment.

Items (f) through (h) mean the writ carries a live calculation. Interest runs at the statutory rate under CCP 685.010, so a writ prepared weeks before it issues will state the wrong figure.

What the debtor receives

CCP 700.010(a): at the time of levy or promptly after, the levying officer serves on the judgment debtor:

• (1) The writ of execution.
• (2) A notice of levy.
• (3) If the judgment debtor is a natural person, a copy of the Judicial Council form listing exemptions, the list of exemption amounts published under CCP 703.150(e), a copy of the form the debtor may use to make a claim of exemption under CCP 703.520, and a copy of the form the debtor may use to provide a financial statement under CCP 703.530.
• (4) Any affidavit of identity for names of the debtor listed on the writ.

Service "shall be made personally or by mail" — subdivision (b).

Paragraph (3) is the debtor's on-ramp to the exemption process. An individual debtor who is levied on is handed, at the moment of levy, the forms needed to claim the property back.

The abstract of judgment: a lien on real property

CCP 697.310(a):

Except as otherwise provided by statute, a judgment lien on real property is created under this section by recording an abstract of a money judgment with the county recorder.

Recording, not filing. The lien attaches to the debtor's real property in that county — including, in general, property acquired later while the lien is in force.

Duration — subdivision (b): unless the judgment is satisfied or the lien released, and subject to CCP 683.180 on renewal, a judgment lien under this section "continues until 10 years from the date of entry of the judgment."

Note what the ten years runs from: entry of the judgment, not the date of recording. An abstract recorded in year eight buys two years, not ten. Record early.

Installment judgments — subdivision (c): the creation and duration of a lien under a judgment entered under CCP 117 or 582.5, or Vehicle Code section 16380, or a similar judgment, is governed by this section "notwithstanding that the judgment may be payable in installments."

Support judgments — CCP 697.320. A lien for child, family or spousal support payable in installments is created by recording an abstract, a notice of support judgment, a federal interstate lien form, or a certified copy. Unless satisfied or released, that lien "continues during the period the judgment remains enforceable" — not ten years, but as long as the judgment lives.

A lien under CCP 697.320(a)(2), for a judgment against a health care provider requiring periodic payments under CCP 667.7, runs 10 years from creation and may be extended any number of times by rerecording a certified copy during the life of the lien, each rerecording running a fresh 10 years.

Finding the assets: the debtor examination

A writ is only useful if you know where to levy. CCP 708.110 is how you find out.

The order — subdivision (a): the creditor may apply for an order requiring the debtor to appear "before the court, or before a referee appointed by the court," to furnish information to aid in enforcement.

How often — subdivisions (b) and (c):

(b) If the judgment creditor has not caused the judgment debtor to be examined … during the preceding 120 days, the court shall make the order upon ex parte application. (c) If the judgment creditor has caused the judgment debtor to be examined … during the preceding 120 days, the court shall make the order if the judgment creditor by affidavit or otherwise shows good cause.

So one examination every 120 days is available essentially on request. A second inside that window needs good cause, and may be put on noticed motion if the court or a local rule requires.

Service — subdivision (d): the creditor "shall personally serve a copy of the order on the judgment debtor not less than 30 days before the date set for the examination," in the manner specified in CCP 415.10.

Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court.

That lien is easy to overlook and valuable. Serving the examination order does not merely compel attendance — it encumbers the debtor's personal property for a year.

The warning — subdivision (e): the order must carry a notice to the judgment debtor "in 14-point boldface type if printed or in capital letters if typed," telling the debtor what happens if they fail to appear.

Examining someone else who holds the money

CCP 708.120(a): on ex parte application and proof by affidavit that a third person has possession or control of property in which the debtor has an interest, or is indebted to the debtor in an amount exceeding $250, the court "shall make an order directing the third person to appear … to answer concerning such property or debt."

The supporting affidavit "may be based on the affiant's information and belief" — a low threshold, appropriate to a creditor who by definition does not yet know the facts.

Service — subdivision (b): not less than 10 days before the examination, the order is served personally on the third person, and personally or by mail on the judgment debtor.

And it creates a lien too — subdivision (c): where the property or debt is described in the affidavit "in a manner reasonably adequate to permit it to be identified," service on the third person "creates a lien on the judgment debtor's interest in the property or on the debt for a period of one year."

Describe the asset properly and the lien follows. Describe it vaguely and it does not.

How the examination runs

Witnesses — CCP 708.130(a): may be required to appear and testify "in the same manner as upon the trial of an issue." This is not an informal interview; the court's compulsion powers are available.

And a privilege is switched off — subdivision (b): the marital privilege prescribed by the Evidence Code article beginning at section 970 "does not apply in an examination proceeding under this article."

Referees — CCP 708.140: the examination may be conducted by a court-appointed referee, who may issue, modify or vacate orders, make protective orders, issue warrants, grant adjournments, preserve order and subpoena witnesses. But only the court may:

• (1) Punish for contempt for disobeying an order of the referee.
• (2) Make an award of attorney's fees pursuant to Section 708.170.
• (3) Determine a contested claim of exemption or a third-party claim under Section 708.180.

Only a member of the State Bar of California is eligible for appointment as a referee, subject to a grandfather clause for pre-July 1983 appointments.

Putting it in order

A short checklist

1. Record an abstract before anything else if there is any chance of real property. The ten years runs from entry, and every month you wait is a month of lien life gone.
2. Apply for a separate writ for each county you intend to levy in.
3. Check your numbers on the day the writ issues — CCP 699.520 requires the current payoff figure and the daily interest accrual.
4. Leave off any debtor whose liability has ceased. CCP 699.510(c)(1) requires it.
5. Get an unproductive writ returned promptly. A dormant writ blocks a new one in that county for 180 days.
6. Use the 120-day examination cycle. It is ex parte, and each order creates a one-year lien on personal property.
7. Serve the examination order personally, 30 days out. Mail will not do, and short service will not do.
8. Describe third-party assets precisely in the CCP 708.120 affidavit — that description is what creates the lien.
9. Expect the exemption claim. The debtor is handed the forms at levy, so plan for the contest.

Where these sections live

• CCP 683.020 — Ten years to enforce a judgment
• CCP 685.010 — Interest on a judgment
• CCP 695.010 — Property subject to enforcement
• CCP 697.310 — Judgment lien on real property
• CCP 697.320 — Support and periodic-payment judgment liens
• CCP 699.510 — Issuance of a writ of execution
• CCP 699.520 — Contents of the writ
• CCP 700.010 — What the debtor is served at levy
• CCP 703.010 — Exemptions generally
• CCP 704.710 — Homestead definitions
• CCP 708.110 — Examination of the judgment debtor
• CCP 708.120 — Examination of a third person
• CCP 708.130 — Witnesses at an examination
• CCP 708.140 — Referees

This page explains what the Code says. It isn't legal advice, and Judicial Council forms, levying officer fees and local sheriff practice are outside what this site reproduces.