How Judgment Enforcement Works in California
Once a money judgment is entered, California's Enforcement of Judgments Law gives the creditor a range of collection tools, including wage garnishment, bank levies, property liens, and the right to conduct a judgment debtor examination — a court proceeding where the debtor must answer questions under oath about their assets and income.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Code of Civil Procedure 708.110 — Judgment Debtor Examination
"The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court... to furnish information to aid in enforcement of the money judgment." — California Code of Civil Procedure Section 708.110
A debtor examination requires the judgment debtor to appear in court and answer questions, under oath, about income, assets, and property. Failing to appear after proper service can result in a bench warrant for arrest, making it critical to respond to a debtor exam order.
Wage Garnishment Limits
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California limits how much of a debtor's wages can be garnished — generally the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 40 times the state minimum wage, whichever is less, with additional protections for low-income debtors under recent legislative changes.
Real-World Examples
A judgment creditor serves a wage garnishment order on a client's employer that exceeds the statutory limit. Counsel challenges the garnishment amount and negotiates a reduced, sustainable payment arrangement instead.
A creditor levies a client's bank account, freezing funds that include exempt Social Security deposits. Counsel files a claim of exemption to recover the improperly levied exempt funds.
A client receives an order to appear for a judgment debtor examination and is uncertain what to disclose. Counsel prepares the client for the examination, ensures proper assertion of applicable exemptions, and represents the client at the hearing.
What's at Stake
| Collection Tool | Governing Law | Key Limitation |
|---|---|---|
| Wage Garnishment | CCP 706.010 et seq. | Capped at 25% of disposable earnings, with low-income protections |
| Bank Levy | CCP 700.140 | Certain funds (Social Security, disability) are exempt |
| Judgment Renewal | CCP 683.020 | Judgments enforceable for 10 years, renewable |
How We Help
1. Exemption Claims
We identify and assert available exemptions to protect wages, bank funds, and property from improper collection efforts.
2. Garnishment and Levy Challenges
We challenge garnishments and levies that exceed statutory limits or improperly reach exempt funds.
3. Debtor Exam Representation
We prepare clients for judgment debtor examinations and represent them at the hearing to protect their rights.
4. Negotiated Settlements
We negotiate structured settlements and payment arrangements that resolve judgments on manageable terms.
Frequently Asked Questions
California generally limits wage garnishment to the lesser of 25% of your disposable weekly earnings or the amount by which your earnings exceed a statutory threshold tied to minimum wage, with additional protections recently enacted for lower-income earners.
Yes, through a bank levy following a judgment. However, certain funds are exempt from levy, including Social Security, SSI, and certain disability benefits, even if commingled with other funds in the account. You can file a claim of exemption to recover improperly levied exempt funds.
If you were properly served with the order to appear and fail to do so, the court can issue a bench warrant for your arrest. If you have a legitimate reason you cannot attend, it's important to address it with the court before the hearing date, not after.
A California money judgment is enforceable for 10 years from entry, and the creditor can renew it for additional 10-year periods, meaning a judgment can remain collectible for decades if not addressed.
