How to Collect a Small Claims Judgment in California After You Win

When can you start collecting a small claims judgment?

You must wait at least 30 days after you were handed or mailed the Notice of Entry of Judgment (form SC-130 or SC-200). Section 116.810 automatically suspends enforcement until the time to appeal runs out, and a defendant's appeal deadline under section 116.750 is 30 days after the clerk delivers or mails that notice.

If the defendant files an appeal, enforcement stays suspended until the appeal is resolved or dismissed. If they file a motion to vacate, wait for the ruling. The court will not collect for you at any stage; every step below is yours to start. If you are still at the filing stage, our guide on how to file small claims in California covers the earlier steps.

How do you find out what the debtor owns?

Start with form SC-133, the Judgment Debtor's Statement of Assets. Section 116.830 requires the debtor to complete it and deliver it to you within 30 days after the clerk mails the notice of entry of judgment, unless the judgment is paid. It lists where they work, where they bank and what they own.

If the form never arrives or leaves gaps, ask for a debtor's examination, a court hearing where the debtor answers questions under oath.

• Use SC-134 if you never received SC-133; it orders the debtor to bring the form and appear.
• Use EJ-125 if you already have SC-133 and only need the hearing.
• The filing fee is $60. The papers must be served at least 30 days before the hearing; the sheriff usually charges about $40.
• The debtor must live or do business within 150 miles of the court. If not, the exam is filed in their county using an abstract of judgment.
• Use SC-107 to subpoena documents such as bank statements or pay stubs.

For a willful failure to provide SC-133, section 116.830 lets you ask the court to apply contempt sanctions, which can include arrest and attorney's fees.

What tools can you use to collect?

For a judgment based on personal debt, the levying officer also needs form WG-015/EJ-135, Declaration of Address Verification, and the original must be filed with the court within 10 business days.

How much of a paycheck can be garnished?

Under section 706.050, the most that can be withheld in a workweek is the lesser of 20 percent of the debtor's disposable earnings, or 40 percent of the amount by which disposable earnings exceed 48 times the state minimum hourly wage. If the local minimum wage is higher, the local rate is used. Different multipliers apply to biweekly, semimonthly and monthly pay.

Less may be available if other garnishments are already in place, and orders such as child support or taxes can take priority. The debtor can also file a claim of exemption, which you can oppose with forms WG-009 and WG-010 within 10 days of the notice.

Collecting a judgment, step by step

1. Calendar day 30 after the notice of entry of judgment was handed or mailed to you.
2. Watch for SC-133. If it does not arrive, file SC-134 for a debtor's exam.
3. Get a writ of execution (EJ-130) from the clerk.
4. Send the writ and WG-001 to the levying officer (usually the sheriff), or give levy instructions for a known bank account.
5. Record an abstract of judgment (EJ-001) in each county where the debtor owns real estate.
6. Track every cost you pay, and add costs and interest with form MC-012.
7. File an acknowledgment of satisfaction (SC-290) as soon as you are paid in full (CCP 116.850).

Can you add interest and collection costs?

Yes. Interest generally accrues at 10 percent a year on the unpaid principal (CCP 685.010). For judgments entered or renewed on or after January 1, 2023, the rate is 5 percent when the debtor is an individual and the claim relates to personal debt under $50,000 or medical expenses under $200,000. The lower rate does not cover tort, fraud or unpaid wage judgments. Interest before judgment follows different rules, covered in what interest and fees a demand letter can include.

Example (hypothetical): a $4,000 judgment for an unpaid contractor deposit against a business accrues interest at 10 percent, about $400 a year or roughly $1.10 a day. If the same $4,000 were owed by an individual on a personal loan used for household purposes, the 5 percent rate could apply instead, about $200 a year.

Costs you pay to collect, such as the writ fee and sheriff fees, can be added with MC-012, Memorandum of Costs After Judgment, within two years of paying each cost. The debtor can object with a motion to tax costs.

How long does a small claims judgment last?

Ten years from entry. After that, section 683.020 bars enforcement and ends any liens. The renewal application must be filed before the 10 years run out (CCP 683.130), using EJ-190 and EJ-195, with a $45 filing fee. The Self-Help Guide tells small claims winners that the earliest they can renew is after five years. The debtor must be served before you collect on the renewed judgment, and has 60 days to ask the court to vacate it.

Most renewals last another 10 years. Judgments in the 5 percent personal and medical debt categories can be renewed only once, for five years, under rules effective January 1, 2023. Renewing a lien or a wage garnishment needs a certified copy of EJ-190 given to the recorder or the levying officer.

A post-judgment payment letter, written by an attorney

Winning in small claims shifts the work from proving the debt to collecting it. A letter at day 30 that states the judgment, the accruing interest and the enforcement steps the law allows gives the debtor one clear, written chance to pay before you start paying levy fees. Attorneys may represent you in enforcing a small claims judgment (CCP 116.530).

Through Talk to My Lawyer, a licensed California attorney writes your letter from your facts and documents (the judgment, any payments received and your collection file) and sends it on your behalf. A contested levy or an exemption claim is a good moment to get a lawyer's view of your facts.