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.
