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Judgment Enforcement Guide | Half Dome Capital
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Judgment Enforcement Guide:
How to Enforce a Court Judgment

(Updated for 2025)

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Winning a court judgment is only the first step in recovering damages from a debtor. Many judgment debtors do not pay voluntarily, leaving judgment creditors to navigate the complex process of enforcement. This guide outlines the key steps and legal tools available to enforce a judgment effectively.

Judge Ruling on a Judgment

Understanding Judgment Enforcement

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What Does It Mean to Enforce a Judgment?

A judgment is a court ruling that settles a legal dispute and establishes the obligations of each party. In civil cases, this often results in a monetary award to the plaintiff (judgment creditor). However, some defendants (judgment debtors) fail to pay voluntarily. In such cases, enforcement actions are necessary to compel payment through legal means.

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Who is Responsible for Enforcing a Judgment?

Courts do not automatically enforce judgments. It is the responsibility of the judgment creditor to take legal steps to collect the awarded amount. These steps can include wage garnishment, bank levies, or liens on property.

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Preliminary Steps Before Enforcing a Judgment

  1. Locate the Judgment Debtor
    Before initiating enforcement actions, you must locate the debtor. If the debtor has moved, online people-search tools, public records, and professional skip-tracing services can help locate them.

  2. Identify the Debtor’s Assets
    Determining a debtor’s assets is crucial for successful collection. Tools such as a Debtor’s Examination (court-ordered questioning of the debtor about their assets) and subpoenas for financial records can provide valuable information about income sources, bank accounts, real estate, and personal property.

  3. Calculate the Total Amount Owed
    The amount owed is rarely just the original judgment sum. Interest accrues at 10% annually in California (or at the statutory rate in other jurisdictions). Additionally, judgment creditors can recover certain enforcement costs, such as court fees and sheriff’s service fees.

Methods to Enforce a Judgment
 

1. Wage Garnishment

If the debtor is employed, you can garnish up to 25% of their disposable income. This requires obtaining a Wage Garnishment Order (Earnings Withholding Order), which is served on the debtor’s employer.
 

2. Bank Levy

If the debtor has a bank account, you can levy (seize) funds by obtaining a Writ of Execution and serving it on the debtor’s bank. If funds are available, they will be frozen and transferred to you.
 

3. Property Liens

  • Real Property Liens: Filing an Abstract of Judgment places a lien on the debtor’s real estate. If they sell or refinance, you are entitled to payment before the transaction is completed. In some cases, you may force a sale via foreclosure.

  • Personal Property Liens: A Judgment Lien (Form JL1) can be filed with the California Secretary of State to attach assets like business equipment, vehicles, and jewelry.

  • Lawsuit Liens: If the debtor has a pending lawsuit seeking monetary damages, you can file a Notice of Lien (Form EJ-185) to claim a portion of any settlement or award they receive.

Writ of Execution

​California-Specific Judgment Enforcement

California has well-defined laws governing judgment enforcement, including:

  • Judgment Interest Rate: 10% per year

  • Statute of Limitations: 10 years (renewable for another 10 years)

  • Debtor’s Examination: A court proceeding to question the debtor under oath about their assets

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Hiring a Judgment Enforcement Agency

Many creditors prefer to hire a judgment enforcement agency to collect on their behalf. Agencies may either:

  • Collect the judgment for a percentage of the recovery, or

  • Purchase the judgment outright, providing an immediate payout.

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How to Choose a Judgment Enforcement Agency

  • Referrals: Ask attorneys, financial advisors, or business associates for recommendations.

  • Online Research: Search for reputable agencies and review client testimonials.

  • Experience & Licensing: Verify that the agency has experience enforcing judgments in your jurisdiction.

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Final Thoughts: Is It Difficult to Enforce a Judgment?

Judgment enforcement can be challenging, especially when debtors attempt to hide or transfer assets. Following the correct legal procedures is essential. In difficult cases, hiring an attorney or enforcement specialist may be the most effective route to recovering your money.

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If enforcement efforts fail, consider selling your judgment to a third party. Some companies buy judgments, assuming the risk of collection in exchange for an upfront payout.

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By understanding and utilizing the right enforcement tools, judgment creditors can significantly increase their chances of recovering what they are owed.

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