How to Collect on a Civil Judgment in California

How to Collect on a Civil Judgment in California

How to Collect on a Civil Judgment in California

You won your court case. The judge said the other person owes you money. But there’s one big problem – they’re not paying you. Now what?

Winning a judgment is only half the battle. Getting your money is the hard part. Many people give up because they don’t know what to do next. But don’t worry – I’m going to show you exactly how to collect the money you’re owed.

As a licensed California Private Investigator with over 25 years of experience, I’ve helped hundreds of people collect their judgments. I’ll walk you through every step in simple terms anyone can understand.

What Is a Civil Judgment?

A civil judgment is when a judge decides that someone owes you money. You might have a judgment because:

  • Someone didn’t pay you back a loan
  • A tenant left without paying rent
  • Someone crashed into your car and didn’t pay
  • A contractor did bad work on your house
  • Someone broke a contract with you

The court gave you a piece of paper that says they owe you money. But that paper doesn’t make them pay automatically. You have to take action to collect.

Why Won’t They Just Pay?

Some people can’t pay because they really don’t have money. Others won’t pay because they hope you’ll give up. Some people hide their money so you can’t find it.

The good news? California law gives you powerful tools to collect your money. You just need to know how to use them.

Step 1: Find Out What They Own

Before you can collect money, you need to know what the debtor has. This is called “finding assets.”

What You’re Looking For

  • Bank accounts – Where they keep their money
  • Jobs – Where they work and earn paychecks
  • Property – Houses, land, or buildings they own
  • Vehicles – Cars, trucks, motorcycles, boats
  • Business income – If they own a business

How to Find This Information

You can ask the debtor questions under oath. This is called a “debtor’s examination.” The court makes them come answer your questions. If they lie, they can get in big trouble.

You can also hire a private investigator (like me) to find their assets. We have special tools and databases that regular people can’t access.

Step 2: Get Their Social Security Number

This is super important. With someone’s Social Security Number, you can:

  • Find their bank accounts
  • Locate their employer
  • Track their assets
  • Garnish their wages

If you don’t have their SSN from the court case, you can legally get it through a licensed private investigator. This is one of the most important steps in collecting your judgment.

Learn more about getting SSN for judgment collection

Step 3: Choose Your Collection Method

Once you know what they have, you pick how to collect. Here are your main options:

Wage Garnishment

This is when money comes out of their paycheck before they get it. The court orders their employer to send you part of their pay.

How much can you take? Usually 25% of their paycheck after taxes. Sometimes less if they don’t make much money.

How long does it last? Until your judgment is paid in full.

What you need: Their employer’s name and address, and their Social Security Number.

Bank Levy

This is when you take money right out of their bank account. It’s fast and effective.

How it works: The sheriff goes to the bank and freezes their account. The bank has to give you the money (up to what you’re owed).

What you need: The bank’s name and address where they have an account.

Important: Some money is protected. Social Security benefits and unemployment money usually can’t be taken.

Property Lien

A lien is like a claim on something they own. When they try to sell it, you get paid first.

What you can put liens on:

  • Houses and land
  • Vehicles (cars, trucks, boats)
  • Business equipment

Liens don’t get you money right away. But they stop the person from selling stuff without paying you first.

Till Tap

If they own a business with a cash register, you can take money from it. The sheriff goes to the business and takes cash from the register.

This works great for restaurants, stores, and other cash businesses.

Step 4: Fill Out the Right Forms

California courts have forms for everything. You need to fill them out correctly, or nothing will happen.

How To Opt Out of WhitePages

For Wage Garnishment

You need:

For Bank Levy

You need:

  • Writ of Execution (form EJ-130)
  • Instructions to the sheriff about which bank
  • Money to pay the sheriff’s fee (usually $40-$50)

For Property Lien

You need:

  • Abstract of Judgment (form EJ-001)
  • Recording fee for the county recorder

Where to get forms: You can download them free from the California Courts website or pick them up at your courthouse.

Step 5: Work With the Sheriff

The sheriff’s office does the actual collecting for you. But you have to tell them what to do and pay their fees.

What the Sheriff Does

  • Delivers garnishment orders to employers
  • Goes to banks to levy accounts
  • Takes money from business cash registers
  • Sells property at auctions

Sheriff’s Fees

You have to pay the sheriff upfront. Costs include:

  • Bank levy: $40-$50
  • Wage garnishment: $40-$50
  • Till tap: $40-$50 plus hourly fees
  • Property seizure: Varies, can be expensive

You can add these costs to what the debtor owes you.

Step 6: Renew Your Judgment

California judgments last for 10 years. After that, they expire and you can’t collect anymore.

Important: You can renew your judgment before it expires. This gives you another 10 years to collect.

Set a reminder for yourself so you don’t forget to renew!

Common Problems and Solutions

Problem: They Moved and You Can’t Find Them

Solution: Use skip tracing to find their new address. A private investigator can locate them using their SSN and other information.

Problem: They Quit Their Job

Solution: Find their new employer. With their SSN, a PI can locate their current workplace and you can garnish the new job.

Problem: They Don’t Have a Bank Account

Solution: Look for other assets like property or vehicles. You can also do a till tap if they own a business.

Problem: They Filed Bankruptcy

Bad news: Bankruptcy usually wipes out judgments. But not always. Talk to a lawyer if this happens.

Problem: They’re Hiding Money

Solution: Request a debtor’s examination. Make them come to court and answer questions under oath about their assets. If they lie, they can go to jail.

How Long Does It Take?

Every case is different. Here’s what to expect:

  • Bank levy: Money in 30-60 days if you know their bank
  • Wage garnishment: First payment in 45-60 days, then continues until paid
  • Property lien: Could take years until they sell the property
  • Finding assets: 1-4 weeks with a good investigator

Some people pay right away when they see you’re serious. Others take years to collect from.

How Much Does It Cost?

Collection costs money upfront, but you can add these costs to the judgment:

  • Sheriff fees: $40-$150 per action
  • Process server: $50-$100 per service
  • Private investigator: $97-$500 depending on what you need
  • Court filing fees: $0-$50 for most forms

The good news: All these costs get added to what the debtor owes you. So you get your money back when you collect.

Can I Do This Myself?

Yes, you can do judgment collection yourself. But it’s complicated and time-consuming.  Sign up to take a judgment collection course

DIY is good if:

  • You have time to learn the process
  • You know where the debtor works and banks
  • You’re comfortable with paperwork
  • The judgment is small (under $2,000)

Hire help if:

  • The judgment is large (over $5,000)
  • You can’t find the debtor
  • You don’t know their employer or bank
  • They’re hiding assets
  • You tried yourself and it didn’t work

What About Collection Agencies?

Collection agencies will try to collect for you. But they take a huge cut – usually 30% to 50% of what they collect.

The problem: They usually just send letters and make phone calls. If the debtor ignores them, they give up.

Better option: Work with a private investigator who can find assets and help you take legal action. You keep more of your money this way.

When to Give Up

Sometimes you can’t collect, no matter what you do. Signs it might be time to give up:

  • The debtor has no job, no assets, and no money
  • They filed bankruptcy and the judge approved it
  • They left the country permanently
  • Your collection costs are higher than what you’d collect

But don’t give up too fast! Many people think they can’t collect when they really can. Get professional advice before you quit.

California-Specific Rules to Know

Statute of Limitations

You have 10 years to collect a judgment in California. After that, it expires unless you renew it.

Interest Rates

Your judgment earns 10% interest per year in California. This means the amount they owe you grows every year they don’t pay.

Protected Income

Some money can’t be taken:

  • Social Security benefits
  • SSI payments
  • Unemployment benefits
  • Workers’ compensation
  • Disability payments
  • Child support payments

Homestead Exemption

People can protect some equity in their home. The amount depends on their situation:

  • Single person: $300,000
  • Family: $600,000
  • Disabled or over 65: $600,000

This means you usually can’t force someone to sell their house unless they have lots of equity above these amounts.

Real Success Stories

Case 1: The Disappeared Tenant

A landlord won a $4,500 judgment against a tenant who moved out without paying rent. The tenant disappeared completely.

We found the tenant’s new address, employer, and bank using their SSN. We garnished their wages and collected the full $4,500 plus interest in 8 months.

Case 2: The Contractor Who Wouldn’t Pay

A homeowner won $12,000 against a contractor who did terrible work. The contractor ignored all collection attempts.

We found out he owned his work truck outright. We put a lien on it. When he tried to sell the truck, he had to pay the judgment first. Case closed.

Case 3: The Small Business Owner

A supplier won $8,000 against a restaurant owner. The owner claimed he had no money.

We did a till tap at the restaurant. The sheriff collected $1,200 in cash from the register in one visit. We repeated this monthly until the judgment was paid.

Your Step-by-Step Action Plan

Here’s exactly what to do, in order:

Week 1:

  1. Get a copy of your judgment from the court
  2. Write down everything you know about the debtor
  3. Decide if you need help or will do it yourself

Week 2:

  1. Get the debtor’s Social Security Number if you don’t have it
  2. Order an asset search to find their accounts and property
  3. Decide which collection method to use first

Week 3:

  1. Fill out the court forms you need
  2. File the forms with the court
  3. Pay the sheriff’s fees

Week 4 and beyond:

  1. Wait for the sheriff to take action
  2. Monitor your bank account for payments
  3. If nothing happens, try a different collection method

Get Professional Help

Collecting a judgment is hard work. Most people need professional help at some point.

As a licensed California Private Investigator, I help people collect judgments every day. I can:

Don’t let someone get away with not paying what they owe you. Take action today.

Ready to Collect Your Judgment?

I can help you find the information you need to collect. Most searches are completed the same day.

Services I offer:

  • Social Security Number searches – $97
  • Employment location – $150
  • Bank account searches – $200
  • Complete asset searches – $500
  • Skip tracing to find debtors – $150

All services include a money-back guarantee if I can’t find the information.

Contact me today or call (916) 312-3185 to get started.

Licensed California Private Investigator #27617 | Serving clients nationwide | 25+ years experience

Frequently Asked Questions

How long do I have to collect my judgment in California?

You have 10 years from the date of the judgment. You can renew it for another 10 years before it expires.

Can I collect interest on my judgment?

Yes. California judgments earn 10% interest per year. This gets added to the total amount owed.

What if the person moves to another state?

You can transfer your California judgment to another state. Then you can collect there using that state’s rules.

Can they go to jail for not paying?

No. There’s no debtors’ prison in America. But they can get in trouble for lying at a debtor’s examination or hiding assets.

What if I don’t know where they bank?

A private investigator can find this information using their Social Security Number and other data. This is one of the most common things I do.

How much of their paycheck can I take?

Usually 25% of their take-home pay. Sometimes less if they don’t make much money. California law protects a certain amount so they can survive.

Can I take their car?

Maybe. California law protects $3,325 of vehicle equity. If their car is worth more than that (after subtracting what they owe on it), you might be able to take it.

What if they’re on Social Security?

You can’t take Social Security benefits. But if they put that money in a bank account and mix it with other money, some of it might not be protected.

Do I need a lawyer?

Not required, but it can help. Many people collect judgments without a lawyer. But if the case is complicated or the amount is large, a lawyer might be worth it.

What happens if they file bankruptcy?

Bankruptcy usually wipes out judgments. But there are exceptions. Talk to a lawyer right away if this happens.

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