Options for the Judgment Creditor

You cannot take legal steps to collect the judgment until 30 days have passed, starting from the date the Clerk mailed the Judgment (form SC-130, Notice of Entry of Judgment) to the parties.  The mailing date is found at Item 14 on form SC-130.  This 30-day window allows the judgment debtor the time to pay, appeal, or vacate the judgment.  If the judgment debtor does not pay the full amount within the 30 days, they should have sent you their completed form SC-133, Judgment Debtor’s Statement of Assets, detailing where they work, bank, and own property.  You can use the information provided on this form to collect on the judgment.  See enforcement options below.

If the judgment debtor paid the judgment, you must notify the court that the judgment has been satisfied.  Follow these steps:

• Complete an Acknowledgement of Satisfaction of Judgment.  The appropriate form depends on whether an Abstract of Judgment was recorded (see below for more information on property liens):
  • If an Abstract of Judgment was not recorded, complete form SC-290, Acknowledgement of Satisfaction of Judgment.
  • If an Abstract of Judgment was recorded, complete form EJ-100, Acknowledgment of Satisfaction of Judgment.
• Make at least two copies of whichever form you completed, and bring to the Clerk of Court for filing.  The clerk will keep the original and give you back the copies. One copy is for you, and the other is for the judgment debtor.  Make additional copies if there are more debtors.
• Give the Acknowledgement of Satisfaction of Judgment form to the judgment debtor.
  • If you completed form SC-290, you can mail a copy to the judgment debtor.
  • If you completed form EJ-100, you must have it served by someone 18 or older who is not a party to the case.  The server will mail or hand-deliver form EJ-100 to the judgment debtor, and then complete the appropriate Proof of Service form based on how service was effectuated. 
    • If personally served, complete form POS-020, Proof of Personal Service.
    • If served via mail, complete form POS-030, Proof of Service by First Class Mail).
    • Make one copy of the Proof of Service and file with the Clerk of Court.
• If you put a property lien on the judgment debtor’s property, you must remove the lien.  Obtain a certified copy of form EJ-100 from the Clerk of Court, and file it with each County Recorder's office where liens were placed.

If you know where the judgment debtor works, you can collect money directly from their paycheck.  There are limits to the amount that can be garnished, and some garnishments have priority over a small claims judgment, such as taxes and child support.  In addition, some money may be exempt if the amount garnished will not allow the judgment debtor to pay their basic living expenses.  Follow these steps:

• Complete form EJ-130, Writ of Execution, and bring to the Clerk of Court for filing.  The clerk will file stamp the document to issue the Writ, which tells the Sheriff to enforce your judgment.  Make one copy of form EJ-130.
• Complete forms WG-001, Application for Earnings Withholding Order and WG-015, Declaration of Address Verification, and make one copy of each.
• Bring all forms (EJ-130 and WG-001, WG-015) and copies to the Sheriff, who will serve them on the judgment debtor’s employer.
• The employer will notify the judgment debtor of the order to garnish their wages.
• If any wages are garnished, the employer will send the payments to the Sheriff, who will then forward to you.  The Sheriff will continue to collect funds until the debt is paid off.

Note:  If the judgment debtor changes jobs, repeat the same steps with their new employer.

If you know where the judgment debtor banks, you can levy money directly from their bank account.  The bank may charge a fee to process the levy.  Follow these steps:

• Complete form EJ-130, Writ of Execution and bring to the Clerk of Court for issuance of the Writ.  Make one copy.

• Bring the EJ-130 to the Sheriff.
  • You may need to prepare levy instructions that give the Sheriff details about how and where to collect the money.  For example:  names on accounts and account numbers.   Ask the Sheriff if they have a form for this purpose.
• The Sheriff will serve both the bank and the judgment debtor with the levy paperwork.
  • The bank will determine if the money can be taken or if any of the monies are exempt.  Examples of exempt monies are Social Security, Social Security disability (SSD), Supplemental Security Income (SSI), and Public Pensions.  If the bank thinks the money is exempt, it will send the Sheriff a written note saying why, and the Sheriff will forward this to you.
• If the bank takes the money, they will send the money to the Sheriff.  However, the Sheriff must wait before releasing it to you to see how the judgment debtor responds.
• The judgment debtor has 15 days (or 20 days if they received their notice in the mail) to assert that their money is exempt.  If so, they complete Claim of Exemption forms, give them to the Sheriff, who will then send to you.
  • If you agree that the money is exempt, you don't need to do anything; the Sheriff will return the money to the bank.
  • If you disagree and want a hearing on the issue, complete the following forms, make two copies, and bring to the Clerk of Court for filing.
    • EJ-170, Notice of Opposition to Claim of Exemption
    • EJ-175, Notice of Hearing on Claim of Exemption
• Bring both filed forms (EJ-170 and EJ-175) and copies to the Sheriff to serve on the judgment debtor at least 10 days prior to the hearing.
• Attend the hearing and explain to the court why the money is not exempt.

Bank levies are one-time actions:  The bank only takes out money one time for each levy.  If you want to try to take money again or at a different bank, repeat the same steps.

If the judgment debtor owns real estate, you can put a lien on their property, which lets the public know that they owe you money.  If the property is ever sold or refinanced, you may get paid.  Follow these steps:

• Complete form EJ-001, Abstract of Judgment, which provides a summary of the small claims judgment.

• Bring form EJ-001 to the Clerk of Court for certification, and make one copy.
• Bring the certified EJ-001 and copy to the County Recorder's office.
• The County Recorder will inform the judgment debtor that your lien was recorded.

Property outside of Tulare County:  If the judgment debtor owns property outside of Tulare County, make more copies.  An Abstract of Judgment must be recorded in each county where the debtor owns property.

A debtor’s examination hearing is a legal process where a creditor can question a debtor about their financial situation to collect a judgment.  You are allowed to request one Debtor’s Examination Hearing per year.  Follow these steps:

If the Judgment debtor did not provide you their form SC-133, Judgment Debtor’s Statement of Assets

• Complete form SC-134, Order to Produce Statement of Assets and to Appear for Examination, and make two copies.
• If you want the judgment debtor to bring documents to court like bank statements or pay stubs, complete form SC-107, Small Claims Subpoena and Declaration.  Page 2 has a list of common documents.
• Bring your forms (SC-134 and SC-107, if necessary) and copies to the Clerk of Court to obtain a court date and have the subpoena issued.
  • Make a copy of the issued SC-107 for your records.
• Print out a blank form SC-133, Judgment Debtor’s Statement of Assets.
• Bring the filed SC-134, issued SC-107, and blank SC-133 to the Sheriff for service on the judgment debtor.
  • The Sheriff may require written instructions with the judgment debtor’s name, address, their description, and the best time of day to attempt service.  Ask the Sheriff if they have a form for this purpose.
  • The judgment debtor must be served at least 30 days before the court hearing.
• Check with the Sheriff before your court date to find out whether the forms were served.  If so, confirm that the Sheriff will file the Proof of Service form with the court.

If the Judgment debtor provided you their form SC-133, Judgment Debtor’s Statement of Assets

If the judgment debtor already gave you their form SC-133, but you want to ask them questions at a debtor’s examination hearing, follow these steps:

• Review form SC-130, Notice of Entry of Judgment, at Item 10, to determine whether the judgment concerns a consumer debt.  This will determine which forms you’ll complete.
  • If Item 10 is marked, the judgment concerns a consumer debt.
  • If Item 10 is not marked, the judgment does not concern a consumer debt.
  • Consumer Debt is any debt accrued for personal, family, or household purposes.  Examples include:
    • Credit card debt
    • Personal loans (if taken out for personal expenses like medical bills or home improvements)
    • Auto loans (if the vehicle was purchased primarily for personal use)
    • Student loans, and
    • Medical debt (for medical services not covered by insurance that are primarily for personal health care).
• If Item 10 is marked (the judgment concerns consumer debt), complete one of the following forms, and make two copies:
  • SC-136, Application and Order to Produce Financial Statement or Appear for Examination
    • This form requires the judgment debtor to go to court to answer questions about their money and property, and requires the judgment debtor to bring their completed form SC-133 to court.
    • Note:  The judgment debtor may avoid going to court if they complete and serve you with form EJ-144, Financial Statement—Consumer Debt.
  • EJ-141, Application and Order to Appear for Examination – Consumer Debt
    • This form requires the judgment debtor to go to court to answer questions about their money and property, but does not require the judgment debtor to complete form SC-133.
• If Item 10 is not marked (the judgment does not concern consumer debt), complete form AT-138/EJ-125, Application and Order for Appearance and Examination.
• If you want the judgment debtor to bring documents to court like bank statements or pay stubs, complete form SUBP-002, Civil Subpoena.
• Bring your forms and copies to the Clerk of Court to obtain a court date and have the subpoena issued.  Make a copy of the issued SUBP-002 for your records.
• Print out a blank form SC-133, Judgment Debtor’s Statement of Assets if you are asking that the judgment debtor provide this to you.
• Bring the filed Order to Appear (SC-136, EJ-141, or AT-138/EJ-125), issued SUBP-002, and blank SC-133 to the Sheriff for service on the judgment debtor.
  • The Sheriff may require written instructions with the judgment debtor’s name, address, their description, and the best time of day to attempt service.  Ask the Sheriff if they have a form for this purpose.
  • The judgment debtor must be served at least 30 days before the court hearing.
• Check with the Sheriff before your court date to find out whether the forms were served.  If so, confirm that the Sheriff will file the Proof of Service form with the court

At the debtor’s examination hearing

• Ask the judgment debtor about how they get paid, where they bank, and if they own any real property.  Once you know this information, follow the steps described above to garnish wages, levy their bank account, or place a lien on their property.
• If the judgment debtor fails to appear at the hearing, the court may issue a bench warrant for their arrest.  This doesn’t mean they’ll be arrested right away, but they might be later.