How to Garnish Wages in California (2025 Update): A Guide for Judgment Creditors

Wage garnishment is one of the most direct ways to turn a paper judgment into real money. With the proper paperwork, a Sheriff or Marshal can order your debtor’s employer to withhold a portion of wages and pay them over to you until the judgment is satisfied. But California wage garnishment law is technical, and recent updates in 2025 have added new hurdles. If you don’t follow each requirement precisely, your garnishment may be rejected or void.

This updated guide explains how to garnish wages in California—from judgment to paycheck.

Step 1: Start with a Valid Judgment

Before you can initiate wage garnishment, you must have a valid, enforceable judgment. In California, judgments are enforceable for 10 years and may be renewed for another 10. Post-judgment interest accrues at 10% annually, and you may recover certain enforcement costs.

To ensure those amounts are added to the balance, file a Memorandum of Costs (MOC). Without this filing, your writ of execution may not reflect the full amount you are owed.

Step 2: Identify the Employer and Obtain the Right Writ of Execution

The foundation of wage garnishment is confirming that your debtor is a W-2 employee. Garnishments only apply to wages. If the debtor is paid on a 1099, you’ll need to use an assignment order or other remedies.

Once you know the employer, you must determine who can accept service of the Earnings Withholding Order (EWO). For corporations and LLCs, that is usually the registered agent listed with the California Secretary of State. For small businesses, it may be the owner or payroll manager.

This information is essential because your writ of execution must be directed to the county where the employer is located. For example, a judgment entered in Los Angeles but enforced against an employer in San Diego requires a writ issued in Los Angeles but directed to the San Diego Sheriff. Without the correct county writ, the levying officer cannot act.

Step 3: Prepare the Garnishment Packet and Submit It to the Sheriff

With a valid writ of execution, prepare the packet for the levying officer. This typically includes:

  • Application for Earnings Withholding Order (WG-001)
  • The Earnings Withholding Order itself (WG-002)
  • Employer’s Return (WG-005)

In many counties, the Sheriff’s office provides its own instructions and will accept the original writ plus WG-001.

As of 2025, creditors enforcing consumer debts must also include an Address Verification Declaration confirming the debtor’s last known address. This document is not filed with the court. Instead, it must be submitted to the levying officer within 10 court days of delivering your packet. If omitted, the levy is invalid.

Once complete, deliver the package to the Sheriff or Marshal in the county where the employer is located. The officer will then serve the employer with the order and instructions.

Step 4: Employer Compliance and Possible Exemptions

Once served, the employer must:

  • Withhold up to 25% of the debtor’s disposable wages and forward those amounts to the Sheriff.
  • Complete and return the Employer’s Return (WG-005) confirming compliance.

At this stage, the debtor can attempt to claim hardship by filing a Claim of Exemption (WG-006) and Financial Statement (WG-007). If this happens, you must respond quickly with a Notice of Opposition (WG-009) or risk losing your garnishment.

For a detailed guide on this process, see our related post:
Defending Your Claim: A Technical Guide to Opposing Claims of Exemption in California Wage Garnishment and Bank Levies.

Common Mistakes That Invalidate Wage Garnishments

Many garnishments fail not because the debtor lacks wages, but due to procedural errors:

  • Obtaining a writ of execution for the wrong county.
  • Serving the debtor instead of the employer or registered agent.
  • Allowing the writ to expire after 180 days.
  • Forgetting the Address Verification Declaration in consumer debt cases.

These mistakes can delay recovery for months.

Quick Checklist for California Wage Garnishment

✅ Confirm you have a valid judgment and file a Memorandum of Costs.

✅ Verify that the debtor is a W-2 employee.

✅ Obtain a writ of execution directed to the county where the employer is located.

✅ Assemble the packet: writ, EWO forms, Employer’s Return, and (for consumer debts) the Address Verification Declaration.

✅ Deliver the packet to the Sheriff/Marshal in the proper county.

✅ Monitor compliance and be ready to oppose a Claim of Exemption.

Final Thoughts

Wage garnishment in California is one of the most reliable ways to enforce a judgment, but the process is highly technical. Recent 2025 updates add new requirements, and even small mistakes can make your levy ineffective. Working with an experienced California judgment enforcement attorney can ensure compliance, speed recovery, and prevent wasted time and expense.

Commercial Debt Collection in California: A Legal Guide for Business Owners

Commercial debt collection in California requires strategic planning, legal expertise, and a clear understanding of state regulations. If your business is dealing with unpaid invoices, defaulted contracts, or overdue commercial accounts, it’s critical to know your rights and remedies. This guide from The Grundon Law Firm outlines how to collect business debt in California while remaining compliant with evolving legal standards.


Understanding Commercial vs. Consumer Debt

Consumer debt includes personal, family, or household obligations, while commercial debt arises from business-to-business transactions. Consumer collections are regulated by the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Commercial collections, however, rely on contract law and the California Commercial Code.


The Rosenthal Act’s Commercial Debt Expansion Begins July 2025

Historically, California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) only applied to consumer debts—those incurred for personal, family, or household purposes. However, effective July 1, 2025, the RFDCPA will expand its protections to include certain types of small business debt under Senate Bill 1286.
 
 This expansion applies to ‘covered commercial debts’ valued at $500,000 or less, including loans, lines of credit, and vendor accounts tied to individuals such as sole proprietors, independent contractors, or personal guarantors. These debts will be subject to many of the same rules and restrictions governing consumer debt, including prohibitions on harassment, misrepresentation, and improper contact with third parties.
 
 Importantly, this change only applies to debts that are originated, renewed, assigned, or sold on or after July 1, 2025. Businesses and lenders must begin reviewing their internal policies and collection procedures now to ensure compliance when the new rules take effect.
 
 At The Grundon Law Firm, we help our clients prepare for the Rosenthal expansion with updated collection strategies, and practical legal support tailored to the evolving regulatory landscape.


Common Sources of Commercial Debt

Commercial debt may include unpaid invoices, defaulted service agreements, breach of contract claims, overdue credit lines, and personal guarantor defaults.

A Plan For Managing Past Due Accounts

Step 1: Strengthen Internal Credit and Collection Policies

Preventing delinquency starts with a proactive credit strategy. Always require a written credit application that clearly identifies the responsible party. Is your customer an LLC, a corporation, or just doing business under a fictitious name? Confirm the legal entity before extending credit.

Perform credit checks and ask for trade references. Consider requiring personal guarantees, especially if the business is new or has limited assets. Spell out payment terms, late fees, and recovery of attorney’s fees in writing.

Document everything. Keep signed contracts, emails, and payment records organized and accessible. If you ever need to litigate, a well-documented file can be the difference between winning and losing.

 

Step 2: Act Early and Consistently

Delinquent accounts do not age well. Review aging reports weekly. Flag anything 15+ days overdue. Send a polite reminder first, then escalate if payment isn’t received.

Have a clear, written collections protocol. Everyone’s timeline is different based on they type of business they are in. Whatever you decide, have a plan and a system for executing it. Here’s an example of a plan:

  • Day 15: Friendly email reminder
  • Day 30: Second notice with late fee
  • Day 45: Phone call or mailed letter
  • Day 60: Final notice
  • Day 75–90: Referral to outside counsel 
The longer you wait, the more leverage the debtor gains. Consider setting internal policy thresholds: at what point will you stop services or initiate legal action?

Step 3: Know the Legal Framework in California

Lawsuits are powerful tools, but only if filed properly. Know the applicable statute of limitations—generally four years for written contracts in California. Confirm venue: where does the defendant reside, or where did the contract take place?

Make sure your agreements include a provision for recovering attorney’s fees. Without it, you may win—but still lose money.

 

Step 4: Litigation and Judgment

Need help collecting unpaid business debt in California? Contact The Grundon Law Firm today to consult with an experienced California commercial collections attorney. We provide strategic enforcement services, from demand letters to litigation, judgment enforcement, and Rosenthal Act compliance. Protect your revenue—schedule your consultation now.

How to Collect a Judgment in California: A Practical Guide for Creditors

Why Enforcement Is Necessary After Winning a Judgment

Securing a legal judgment is an important victory, but in California, collecting on that judgment requires a proactive, legally sound approach. Whether you’re an individual who won a small claims case or a business that prevailed in a civil lawsuit, enforcing a judgment is often more complicated than the lawsuit itself. The California legal system provides several mechanisms for collecting on judgments, but each comes with specific procedures, timelines, and limitations.

This guide outlines key steps for judgment enforcement in California and explains how professional legal help from The Grundon Law Firm can make the process faster and more effective.

Step 1: Identify the Debtor’s Assets

Successful judgment collection starts with knowing where the debtor’s money or property is. Begin with what you already know:

  • Do they own a house?
  • Do you know where they work?
  • Do they own a running business
  • Where do they bank? (If you’ve ever paid or been paid by the debtor, you likely do.)

Helpful Tools to Uncover Assets

  • Public Record Searches: Property deeds, court filings, and business licenses.
  • Debtor’s Examination: Court-ordered questioning under oath regarding income, assets, and accounts.
  • Private Investigators or Asset Search Services: Useful when debtors conceal assets or relocate.

Step 2: Lien the Debtor’s Assets

Abstract of Judgment (Real Property): Record an Abstract of Judgment with the County Recorder in any county where the debtor owns real estate. This creates a lien on any currently owned or after acquired property by the debtor in the county. This prevents sale or refinancing until the debt is satisfied.

  • Priority Rule: First in time, first in right (in most cases).
  • UCC JL-1 (Personal Property): A UCC JL-1 Judgment Lien Notice is filed with the California Secretary of State and places a lien on a debtor’s personal property (e.g., equipment, inventory, accounts receivable). It gives public notice of your claim and can be filed immediately after judgment is entered.

Step 3: Obtain Enforcement Tools from the Court

To enforce a judgment involuntarily, you’ll typically need a Writ of Execution issued by the court for the appropriate county. The county you need the writ issued for depends on the asset you are attacking. This document is required for:

  • Bank levies
  • Wage garnishments
  • Seizure of personal property

Step 4: Execute the Judgment

Wage Garnishment:
Allows interception of up to 25% of a debtor’s disposable income. The process involves:

  • A Writ of Execution
  • Application for an Earnings Withholding Order
  • Sheriff’s service to the debtor’s employer

Bank Levy:
Allows you to seize money directly from a checking or savings account:

  • Requires a Writ of Execution
  • Sheriff serves the bank with levy instructions

Rent Garnishment:
If the debtor is a landlord, you can intercept tenant rent payments:

  • Requires a writ and sheriff service
  • Tenants pay rent to the sheriff

Keeper Levy and Till Tap:
Effective against retail businesses:

  • Keeper Levy: A deputy stays at the business and collects all sales proceeds.
  • Till Tap: The deputy collects money from the register at a specific time.

Seizure of Personal Property:
With a writ, the sheriff can seize and sell property such as vehicles or business equipment.

Assignment Order:
Allows the court to assign the debtor’s right to payments (e.g., commissions or rent) to the creditor.

Step 5: Deal with Complications

Judgment enforcement isn’t always straightforward. Debtors may:

  • Hide or transfer assets
  • Claim exemptions under California law
  • File for bankruptcy

Legal Tools to Combat Evasion:

  • Fraudulent Transfer Actions (under California’s Uniform Voidable Transactions Act)
  • Motions to add alter ego judgment debtors
  • Adversary Proceedings in bankruptcy to challenge discharge of judgment

Working with an attorney becomes crucial when these complications arise.

Step 6: Renew the Judgment Before It Expires

California judgments are enforceable for 10 years. If unpaid, the judgment must be renewed before expiration to remain collectible.

Renewal steps:

  • File an Application for and Renewal of Judgment
  • Serve notice on the debtor
  • Re-record any Abstracts of Judgment Each renewal extends enforceability by another 10 years. Interest continues accruing at 10% annually.

Step 7: Common Mistakes to Avoid

Avoid these costly errors:

  • Not recording liens promptly
  • Waiting too long to begin enforcement
  • Failing to properly serve notices
  • Using incorrect forms or court procedures
  • Forgetting to renew the judgment

Legal mistakes can cause significant delays or even make the judgment unenforceable. Hiring an experienced collections attorney reduces these risks.

Why Legal Help Matters

Enforcing a judgment requires strict adherence to court procedures, correct documentation, and timely action. Errors can delay recovery or result in dismissal of enforcement efforts.

The Grundon Law Firm helps California creditors:

  • Identify and locate debtor assets
  • Execute on Judgments
  • Oppose improper exemptions and fraudulent transfers
  • Navigate bankruptcy and domestication issues

Take Action Now

Delays make collections harder. Debtors move, conceal assets, or file bankruptcy. Whether your judgment is recent or years old, options still exist.

The Grundon Law Firm stands ready to help you collect what you’re owed.

Contact us today to schedule a consultation and start your recovery process.

How I Approach Judgment Enforcement

Most lawyers stop at the judgment. They win the case, file the paperwork, and assume the job is done. For me, the judgment is just the starting point — not the result.

Judgment enforcement is a distinct and often overlooked phase of litigation. It’s governed by a different set of procedures, and success requires knowing how to apply pressure, where to find leverage, and when to escalate.

This is the process I follow when a client brings me a judgment they need to collect. Not in theory — but because recovery matters. Whether it’s about principle or a substantial balance sheet impact, the goal is to turn paper into payment using every effective tool California law provides.


Step 1: Confirm the Judgment Details

  • Identify the court that issued the judgment
  • Verify the legal names of all judgment debtors
  • Confirm the amount owed, including accrued interest and recoverable costs


This ensures the judgment is final, enforceable, and properly documented — the foundation for everything that follows. Clients sometimes mistake a judgment against a business entity for a judgment against an individual. That distinction matters.

Step 2: Evaluate the Debtor’s Collectability

For All Debtors:

  • Do they own real property?
  • Are they employed?
  • Do we know where they bank?
  • Does anyone owe them money?
  • Are there red flags like tax liens, multiple judgments, or bankruptcy filings?


If the Debtor Is a Business:

  • Is the business still active?
  • Is it in good standing with the CA Secretary of State?
  • Has it been suspended or dissolved?
  • Is there a successor company or alter ego entity continuing under a different name?


This early-stage review helps determine whether enforcement is viable — and how aggressive it needs to be.


Step 3: Take Immediate Action Against Known Assets


Once the case is evaluated, enforcement should begin quickly. Delay only benefits the debtor.


Record Abstracts of Judgment and File UCC Liens

  • I obtain Abstracts of Judgment from the court.
  • I record them in every county where the debtor owns or may acquire property.


This creates a real property lien that can block sales or refinancing and protect creditor priority.


I also file a UCC-1 Financing Statement (JL-1) with the California Secretary of State when the debtor has business assets, equipment, or accounts receivable. This creates a lien on personal property — particularly useful in commercial cases.

Levy Known Bank Accounts

  • I obtain a Writ of Execution from the court, directed to the sheriff in the correct county for levy service.
  • I submit levy instructions and supporting forms.


Garnish Wages

  • I obtain a writ in the appropriate county.
  • I file an Application for Earnings Withholding Order (WG-001).
  • The sheriff serves the employer, and wages are redirected to satisfy the judgment.


This method works best when paired with other enforcement activity — to avoid giving the debtor time to restructure income.


Use Additional Enforcement Tools


Keeper Levy (CCP § 700.070):

  • A sheriff’s officer is placed at a business to intercept cash or customer payments.
  • Highly effective for brick-and-mortar service or retail businesses.


Charging Order (CCP § 708.310):

  • Intercepts distributions from an LLC or partnership.
  • Places a lien on the debtor’s ownership interest.


Assignment Order (CCP § 708.510):

  • Redirects non-wage recurring income — such as rents, commissions, or royalties — to the creditor.


These tools are essential when dealing with self-employed or business-savvy debtors who don’t take traditional paychecks.


Step 4: If Asset Information Is Lacking — Conduct Examinations


If I don’t have clear information on how the debtor earns or holds assets, I turn to court-ordered discovery tools.


Debtor Exam (EJ-125)

  • Requires the debtor to appear in court and answer questions under oath.
  • I subpoena financial records and probe for income sources and hidden assets.
  • Failure to appear can result in a bench warrant.


Third-Party Exam

  • Targets third parties with knowledge of, or access to, the debtor’s assets — e.g., banks, employers, partners, or family members.
  • Can lead to documentation and testimony that open up additional enforcement options.


These examinations are underused by many, but they’re highly effective when leveraged properly.


Step 5: When Debtors Cross the Line — Consider Litigation


Sometimes, enforcement reveals that the debtor moved assets illegally or is hiding behind a corporate shell. These claims are litigation-intensive, but sometimes necessary.


Fraudulent Transfer (Civ. Code § 3439)

  • Voids asset transfers made to avoid collection.
  • Applies when assets are moved to insiders without fair value or in anticipation of litigation.


Alter Ego Liability

  • Pierces the corporate veil when a company is being used to shield personal assets.
  • Requires a detailed factual showing of unity of interest and misuse of the entity.


These aren’t quick fixes — but they can be powerful remedies in the right case.


Final Word: Judgment Collection Requires Strategy and Persistence


Judgment enforcement is methodical work. It relies on timing, leverage, and consistent follow-through.


When I have asset information, I move fast — recording liens, initiating garnishments, filing levies, and setting up examinations. The idea is to limit the debtor’s ability to continue operating without resolving the judgment.


But the real key to enforcement is persistence. Renew liens, re-check public records, re-serve evasive debtors, and don’t hesitate to bring motions other attorneys avoid.


A lot of lawyers avoid this phase. Debtors count on that.


If you’re holding a judgment you need to collect — I can help.

Collecting a California Civil Judgment Utilizing a Lien on a Pending Lawsuit

Here’s the scenario: You’ve just won a civil judgment and you’re trying to find the quickest most efficient way to collect your judgment. If your research reveals that the judgment debtor is suing someone else, you have a valuable opportunity to leverage their potential recovery. A lesser known but powerful tool for judgment collection in California is placing a lien on a pending lawsuit.

What is a Judgment Lien?

Authorized by California Code of Civil Procedure 708.410, a judgment lien is a legal claim that attaches to a debtor’s interest in the lawsuit they are in the middle of.   Once properly filed a served, you have attached any recovery they might obtain on the lawsuit and the debtor cannot settle or dismiss their lawsuit without your consent as the lienholder.

Steps to Place a Lien on a Pending Lawsuit in California:

  1. Obtain a Certified Copy of the Judgment: Request a certified copy of your judgment or abstract of judgment from the court clerk. This will be required when filing your lien.
  2. Prepare a Notice of Lien: The Notice of Lien must include the following information:
    • Name and address of the judgment debtor
    • Name and address of the judgment creditor
    • Amount of the judgment
    • Name and address of the court that issued the judgment
    • Date of the judgment
  3. File the Notice of Lien: File the Notice of Lien with the court where the debtor’s pending lawsuit is located.
  4. Serve the Notice of Lien: Ensure the Notice of Lien is properly served on the debtor and all other parties involved in the pending lawsuit.

If you’re a judgment creditor in California and your debtor has a pending lawsuit, placing a lien on that lawsuit can be a strategic move to secure the money you’re owed.

Understanding the Challenges of Asset Recovery

Winning a court judgment in your favor is a crucial victory, but it’s only the first step in securing what you are rightfully owed. Unfortunately, not all debtors willingly comply with court orders to pay or return assets. This is where the real challenge begins—converting your judgment into actual financial recovery. At the The Grundon Law Firm, we specialize in helping clients navigate the complex process of judgment enforcement, ensuring they recover assets efficiently and effectively.

Understanding the Challenges of Asset Recovery

Even with a court-ordered judgment, the debtor might not voluntarily pay the amount owed. In some cases, they may hide assets, transfer property, or simply refuse to cooperate. This can be both frustrating and overwhelming, especially when you are unsure of your legal options.

Enforcement of a judgment requires strategic action to locate, seize, or otherwise compel payment from the debtor. Our firm is experienced in dealing with various scenarios, and we offer tailored strategies to meet the unique needs of each case.

How We Assist in Asset Recovery

At the The Grundon Law Firm, we provide comprehensive support for clients looking to enforce court-ordered judgments. Here’s how we can help you recover your assets:

Locating Hidden Assets

Some debtors may try to hide assets to avoid paying what they owe. Our firm has the resources to conduct thorough investigations and locate hidden assets, including bank accounts, real estate, vehicles, and other property. We use various methods, such as:

  • Asset Searches: Identifying bank accounts, investment portfolios, real estate, and other assets the debtor may possess.
  • Property Records: Reviewing public records to uncover properties that the debtor may own.
  • Forensic Accounting: Analyzing financial records to trace asset transfers or hidden funds.

By identifying these assets, we can help ensure they are available for recovery.

Filing for a Writ of Execution

A writ of execution allows law enforcement to seize the debtor’s assets to satisfy your judgment. We assist in filing the necessary paperwork to obtain a writ of execution from the court. Once granted, we work with law enforcement to seize the debtor’s assets, including bank accounts, vehicles, or real estate.

Our team handles the entire process, from filing the application to coordinating with authorities, making it easier for you to enforce your judgment and recover your assets efficiently.

Garnishing Wages and Bank Accounts

One of the most effective ways to enforce a judgment is through wage garnishment or bank account levies. Our firm can obtain a court order to garnish a portion of the debtor’s wages directly from their employer. Similarly, we can secure an order to levy the debtor’s bank accounts, ensuring that the funds are directed to you.

We handle the legal complexities of garnishment, including preparing and serving the necessary documents to employers and financial institutions, so you don’t have to worry about the details.

Placing Liens on Property

If the debtor owns real estate, we can place a lien on their property. A lien prevents the debtor from selling or refinancing the property without first paying the judgment. While this process may take time, it is an effective way to ensure that you eventually recover what you are owed.

Our firm assists in filing and recording the lien with the appropriate authorities, making sure it is properly documented and enforceable.

Conducting Debtor Examinations

When necessary, we can request a debtor examination—a court-ordered process that requires the debtor to disclose information about their assets. During this examination, the debtor must answer questions under oath regarding their income, property, bank accounts, and other assets.

We prepare and conduct debtor examinations to uncover hidden assets and identify opportunities for enforcement. This strategy often provides valuable information that aids in the recovery process.

Why Choose the The Grundon Law Firm for Asset Recovery

Recovering assets after a judgment requires legal expertise, tenacity, and a strategic approach. The The Grundon Law Firm has a proven track record of helping clients enforce judgments and recover their assets successfully. We offer:

  • Extensive Experience: Our firm has a deep understanding of the legal tools available for judgment enforcement, ensuring that we can pursue the most effective course of action for your case.
  • Comprehensive Support: We handle every aspect of the asset recovery process, from locating assets to filing legal documents, garnishing wages, and executing property seizures.
  • Customized Strategies: Every case is unique. We work closely with you to develop a tailored strategy that aligns with your specific situation and maximizes your chances of recovery.

Take Control of Your Judgment with Our Help

Securing a judgment is an important achievement, but the real goal is to recover what you are owed. The The Grundon Law Firm is here to guide you through the asset recovery process and take the necessary steps to enforce your judgment effectively. If you are facing challenges in collecting on a court-ordered judgment, contact us today. Let us help you turn your judgment into a tangible financial recovery.

Collect From A 1099 Independent Contractor Using An Assignment Order

In today’s workforce, many individuals are classified as independent contractors by their employers. Collecting unpaid debts from a 1099 independent contractor can be a complex process, as traditional wage garnishment is only effective against W-2 employees. For independent contractors, a more labor-intensive method known as an assignment order can be utilized. This blog post provides an overview of assignment orders and how they can be used to collect California judgments.

How Does an Assignment Order Work?

An assignment order is obtained through a noticed motion. Under Code of Civil Procedure §708.510, a court can issue an order directing the judgment debtor to assign to a judgment creditor all or part of a right to payment due or to become due. This can include wages from the federal government that are not subject to withholding under an earnings withholding order, rents, commissions, royalties, payments from patents or copyrights, insurance policy loan values, accounts receivable, general intangibles, judgments, and instruments.

While the court may consider all relevant factors, the primary constraints are that the right to payment should be assigned only to the extent necessary to satisfy the creditor’s money judgment. Additionally, if part of the payments are exempt, the assigned amount should not exceed the difference between the gross amount of the payments and the exempt amount.

Once you obtain the assignment order, it must be served on the third party responsible for making the payments.

An assignment order is a crucial tool in the judgment collection toolbox. If you need assistance with collecting your judgment, contact our office for a consultation.