California Writ of Execution: Levies, Exemptions, and Renewal

A California writ of execution is the court order that lets a sheriff seize a judgment debtor’s assets to satisfy what they owe you. The court clerk issues it on Judicial Council form EJ-130 once you apply, and you then deliver it with written instructions to the sheriff in each county where the debtor has property. From there, the sheriff can freeze bank accounts, garnish wages, or take vehicles and business property, all subject to California’s exemption rules.

Getting the Writ Issued

A writ becomes available as soon as the money judgment is entered. You file an application with the court clerk stating the original judgment amount, accrued post-judgment interest, and recoverable costs. The clerk issues the writ on form EJ-130, and the filing fee is $40.¹²

You do not have to wait for appeals to run out. Filing an appeal by itself does nothing to stop collection. To halt enforcement while an appeal is pending, the debtor must actually post an undertaking, typically a bond for one and a half to double the judgment amount.³ Without that bond, you can move immediately.

Each writ is good for 180 days. If the levying officer hasn’t completed the levy in that window, the writ expires and you have to request a fresh one.² The writ is also county-specific. If the debtor has a bank branch in one county and a job in another, you need a separate writ directed to each county’s sheriff.

Post-Judgment Interest

Unpaid judgments accrue interest at 10% per year on the remaining balance. For judgments entered or renewed on or after January 1, 2023, a lower 5% rate applies in two situations: outstanding balances under $200,000 that stem from medical expenses, and balances under $50,000 that stem from personal debt (excluding fraud, torts, or unpaid wages).⁴ To calculate daily interest, multiply the outstanding judgment by the applicable rate, divide by 365, and multiply by the number of days since entry.

Finding the Debtor’s Assets

A writ is only useful if you know where the money is. This is where most collections stall. California’s answer is the debtor examination, which forces the debtor to appear in court and answer questions about their finances under oath.

You apply for an examination order under CCP 708.110. If the debtor hasn’t been examined in the past 120 days, the court grants the order on request without any special showing. You then have to personally serve the debtor with the order at least 30 days before the examination date.⁵

At the exam, the debtor must truthfully answer questions about bank accounts, real estate, vehicles, employment income, business interests, and other debts. Lying can lead to perjury charges. Refusing to answer can lead to a contempt finding. Failing to show up at all can lead to an arrest warrant. Service of the examination order also creates a one-year lien on the debtor’s personal property, which keeps them from quietly transferring assets while you prepare to levy.⁵

Levying Bank Accounts and Wages

Sheriff’s departments typically charge around $45 to $55 per levy on top of the $40 writ fee, so budget accordingly for each attempt.

Bank Account Levies

Bank levies are the most common enforcement method because they work quickly. You give the sheriff the bank’s name and branch address. When the bank receives the levy notice, it must immediately freeze whatever funds are in the account at that moment.⁶ Future deposits are not captured. The debtor then has a window to file a claim of exemption before the frozen funds are turned over to the sheriff for distribution.

Wage Garnishment

California’s wage limits are stricter than the federal floor. Under CCP 706.050, weekly withholding cannot exceed the lesser of 20% of disposable earnings or 40% of the amount by which disposable earnings exceed 48 times the state minimum hourly wage.⁷ With the state minimum wage at $16.90 per hour as of January 2026, weekly earnings up to $811.20 are completely shielded.⁸ Local minimum wages, where higher, apply instead.

The employer withholds after receiving an Earnings Withholding Order and keeps deducting until the debt is satisfied or the order is withdrawn. Disposable earnings means what’s left after taxes, Social Security, and state disability insurance.

Tangible Personal Property

Vehicles, equipment, and inventory can be seized and eventually sold at auction.⁹ The sheriff can enter business premises to take business property and post a Notice of Levy there. Entering a private residence, though, requires a separate court order.

Reaching Real Estate

Forcing the sale of a home is the slowest and most complex form of enforcement. Treat it as a fallback after bank and wage levies have come up short.

Recording an Abstract of Judgment

Start by recording an Abstract of Judgment (form EJ-001) with the county recorder in any county where the debtor owns property. Recording creates a judicial lien that attaches to all real property the debtor currently owns or later acquires in that county, lasting 10 years from the date of the judgment.¹⁰ The lien surfaces in title searches, which usually means the debtor can’t sell or refinance without dealing with you first.

Forcing a Sale

A lien is not the same as a sale. To compel a sale, you must apply to the court for an order, showing the property isn’t fully covered by the homestead exemption and that other methods haven’t paid the debt. If the property contains a dwelling, additional requirements under CCP 704.750 must be met within 20 days of the levy or the property gets released.

Once approved, the sheriff posts a Notice of Levy at the property and serves everyone with a recorded interest, including co-owners and other lienholders. The public auction has to be advertised in a newspaper of general circulation for at least 20 days before the sale.¹⁰ As the judgment creditor you can enter a credit bid, offsetting the purchase price against what’s owed rather than paying cash. The high bidder receives a sheriff’s deed subject to any senior liens. Any surplus goes to junior lienholders or back to the debtor.

What the Law Protects From Seizure

California shields certain assets from execution. Creditors who ignore the exemptions waste fees pursuing property that can’t legally be taken.

Homestead Exemption

The homestead exemption protects equity in the debtor’s primary residence. It equals the greater of $300,000 or the countywide median sale price for a single-family home in the prior calendar year, capped at $600,000. Both the floor and the cap adjust annually for inflation based on California’s CPI.¹¹ In high-cost counties like San Francisco or Los Angeles, the exemption reaches the inflation-adjusted cap. In cheaper counties, the adjusted floor applies. For most homeowners with moderate equity, the homestead exemption makes a forced sale impractical because nothing is left after the exemption and senior liens.

Personal Property Exemptions

The following amounts are effective as of April 1, 2025, and adjust every three years based on the California CPI:¹²

Motor vehicle equity up to $8,625 in aggregate.
Tools of the trade up to $8,725 in equity, with a $4,850 sub-limit for a commercial motor vehicle used for work.
Ordinary household furnishings and appliances, without a specific dollar cap, as long as they’re reasonable for a household.
Qualified retirement funds, including 401(k) plans and IRAs.

Exemptions are not automatic. The debtor has to actively assert them by filing a Claim of Exemption after the levy. Missing the deadline forfeits the protection even for property that clearly qualifies.

How a Debtor Can Push Back

Expect resistance on any meaningful levy. Three mechanisms come up most often.

A Claim of Exemption is filed with the levying officer, identifies the specific exemption, and includes a financial statement. If you dispute it, the court holds a hearing, and the property generally can’t be sold in the meantime.

A Third-Party Claim comes from someone other than the debtor who says the seized property is actually theirs. It stops the sale. Either side can petition for a hearing within 15 days, and the court has to hold it within 20 days of the petition.¹³ The third party can also seek an emergency order staying the sale.

A Motion to Quash attacks the writ itself for procedural problems, like defective notice, a wrong amount, or a levy on the wrong person’s property. Courts scrutinize procedure closely here because forced seizure is an extraordinary remedy.

If the Debtor Files Bankruptcy

Bankruptcy stops a writ of execution cold. The moment a petition is filed, federal law imposes an automatic stay that halts virtually all collection activity, including pending levies, wage garnishments, and scheduled property sales.¹⁴

Ignoring the stay is expensive. A court can award the debtor actual damages, attorney’s fees, and, for willful violations, punitive damages.¹⁴ Even a levy completed shortly before filing is at risk. Under federal preference rules, transfers made within 90 days of the petition, including garnished wages, can be clawed back by the trustee. If you learn a debtor has filed, contact the sheriff immediately to stop any pending action.

The 10-Year Clock and Renewal

A California money judgment expires after 10 years. Once it expires, the right to enforce is gone for good. Renewal is available starting five years after entry, with no cap on how many times you can renew, and each renewal adds another 10 years.¹⁵

One exception applies to smaller consumer debts. For judgments entered or renewed on or after January 1, 2023, where the debtor is an individual (not a business), the judgment can only be renewed once for five years if the outstanding balance is under $200,000 for medical debt or under $50,000 for personal debt. Judgments based on fraud, torts, or unpaid wages are excluded from this limitation.¹⁵

To renew, file an Application for and Renewal of Judgment (form EJ-190) and a Notice of Renewal of Judgment (form EJ-195) with the court clerk, along with a $45 filing fee. The debtor must be served with copies and has 60 days to move to vacate or modify the renewal. Miss the 10-year deadline by a single day and the judgment is dead, so calendar the renewal window well in advance.

1
Superior Court of California. Statewide Civil Fee Schedule
2
Justia. California Code of Civil Procedure 699.510-699.560
3
California Legislative Information. California Code of Civil Procedure 917.1
4
California Legislative Information. California Code of Civil Procedure 685.010
5
California Legislative Information. California Code of Civil Procedure 708.110
6
Judicial Branch of California. How to Get a Writ of Execution
7
California Legislative Information. California Code of Civil Procedure 706.050
8
California Department of Industrial Relations. Minimum Wage
9
Justia. California Code of Civil Procedure 700.010-700.200
10
Justia. California Code of Civil Procedure 697.310-697.410
11
California Legislative Information. California Code of Civil Procedure 704.730
12
Judicial Council of California. EJ-156 Current Dollar Amounts of Exemptions From Enforcement of Judgments
13
Justia. California Code of Civil Procedure 720.310-720.430
14
Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay
15
Judicial Branch of California. Renew a Civil Judgment