After the Judgment . Collecting or Satisfying the Judgment

You’ll have to collect the judgment yourself if you win in small claims court. The court will not collect it for you. If you’re the prevailing party (the judgment creditor) and haven’t received the money the judge awarded to you, make sure that the other party (the judgment debtor) is aware of the judgment and its amount, and also knows where to mail payment.

Often a personal note to the judgment debtor asking that the judgment be paid is all that is needed to end the dispute. If you believe that the judgment debtor may not have enough income or assets to pay in full, consider offering to accept weekly or monthly payments, or even waiving (forgiving) interest or part of the principal amount owing, in exchange for full payment of the rest.

The small claims court judgment becomes final and enforceable 30 days after the small claims clerk has delivered or mailed the Notice of Entry of Judgment (Form SC-130), provided that the defendant hasn’t filed a timely Notice of Appeal (Form SC-140) or a Notice of Motion to Vacate Judgment and Declaration (Form SC-135). If the defendant files an appeal and loses, the judgment becomes enforceable after transfer of the case back to the small claims court. Enforcement of the judgment is stayed automatically for 30 days from the date of mailing in order to give time for the defendant to either file an appeal or a motion to vacate. This means that the plaintiff cannot collect the judgment for 30 days from the date it is mailed out. Even if the judge gave the judgment in open court, the plaintiff must wait 30 days from the date the judgment form is mailed out to the parties before starting collection efforts. Obviously, if the defendant files an appeal within those 30 days, the plaintiff will not be able to collect the judgment unless he or she prevails at the trial de novo. If the defendant filed a motion to vacate and it is denied, the judgment is stayed for another 10 days for the defendant to appeal the denial. There is no stay period if the plaintiff wins a judgment at a trial de novo, and Plaintiff can begin collection efforts right away (i.e., getting a writ of execution).

If the court awards the other party a judgment against you, and you don’t intend to appeal, it’s better to pay the judgment as soon as possible, since that will save you from having to pay interest on the unpaid judgment debt. If you can’t afford to pay it in full, consider making an offer to make weekly or monthly payments in amounts you can afford. If the judgment creditor won’t accept payment by installments, the court will issue an order allowing you to pay by installments in amounts that you can afford (see Installment payments).

Once you have fully paid the judgment debt (including any interest and allowable costs which have accrued since the hearing), the judgment creditor is required to complete, sign, and file with the small claims court an Acknowledgment of Satisfaction of Judgment (Form SC-290). It’s available for printing at the Judicial Council's self-help Web site.

If a judgment against you becomes final, and you don’t pay it within 30 days, you must complete a Judgment debtor’s Judgment Debtor's Statement of Assets (Form SC-133) and send the completed form to the judgment creditor. This form, which you receive along with the Notice of Entry of Judgment (Form SC-130), requires you to provide information concerning your property and sources of income. The judgment creditor can then use that information to assist in collecting the amount you owe. If you don’t complete and mail the Judgment Debtor’s Statement of Assets (Form SC-133) as required, the judgment creditor may bring you into court to complete this form by filing an Application and Order to Produce Statement of Assets and to Appear for examination (Form SC-134). This will require you to submit a completed Judgment Debtor’s Statement of Assets (Form SC-133) to the court.

Options for a Judgment Debtor

CAUTION: Some assets of a judgment debtor are automatically protected, but in the case of others, you must ask the court to determine that the assets are exempt from enforcement action. To protect these assets, you must file a Claim of exemption (Form EJ-160) within 10 days after you receive notice that the judgment creditor is taking enforcement action against the particular asset. You can obtain this form from the small claims clerk or the sheriff's or marshal’s office. List the property you believe is exempt. If enforcement action is taken against your earnings, use the Claim of Exemption (Wage Garnishment) (Form WG-006) and list all of your income and expenses. The court will decide which assets and how much of your earnings are protected from collection. To enjoy these rights, you must act quickly (within 10 days).

How a Judgment Creditor Can Enforce a Judgment

This section highlights ways for you to enforce (collect) your judgment using available court procedures. The following are some steps that you can take to try to enforce a judgment if the judgment debtor refuses to pay it voluntarily:

CAUTION: A judgment debtor’s examination works well when the judgment debtor cooperates by appearing at the examination and by producing the requested documents. However, judgment creditors may find the judgment debtor’s examination process to be highly frustrating for several reasons. Some judgment debtors are hard to find and serve, while others do not show up at all or show up without the requested documents. The penalty for the judgment debtor not appearing at a judgment debtor’s examination is a bench warrant, assuming the judgment debtor was served properly. However, the judgment creditor has to pay the fees for the service of the bench warrant, and it is still not a guarantee that he or she will receive the necessary information to begin the collection process. As such, judgment creditors should ensure that the judgment debtor’s examination process is an appropriate one for their situation.

Prohibited Debt Collection Practices

Debtors are protected by Federal and California statutes and court decisions that create liability for certain abusive or unfair debt collection tactics. Debt collection agencies and businesses that regularly collect their own debts are generally prohibited from engaging in unfair or deceptive practices and from making false or misleading statements to collect a consumer debt. It is unlawful for such a collector to harass a consumer debtor, to request more than basic location information about the debtor from another person, to tell the debtor’s employer or others that the debtor owes a debt (except in the course of wage garnishment proceedings), or to contact the debtor before 8 a.m. or after 9 p.m., or at any inconvenient time or place.

If you have questions or concerns regarding permissible debt collection activities, contact your small claims adviser, consult an attorney, or call the Federal Trade Commission (F TC) at its toll-free number, 1-877-F TC-HELP ((877) 382-4357). You may file a complaint at the FTC's Web site or with the California Attorney General's Public Inquiry Unit.

Once the Judgment Debt is Paid

After the judgment debtor has paid the judgment debt in full (or a lesser amount if the parties agree to it), the judgment creditor must sign the short Acknowledgment of Satisfaction of Judgment portion of the Notice of Entry of Judgment (Form SC-130) and file it with the small claims court. Since completing this form is like giving a receipt, it’s needed to end the case. If you have lost that document, print out a Notice of Entry of Judgment (Form SC-130) or an Acknowledgment of Satisfaction of Judgment (Form SC-290) at the Judicial Council's self-help Web site.

If the judgment creditor has recorded an Abstract of Judgment-Civil and Small Claims (Form EJ-001) (see page 40) in any county where the judgment debtor owns real property, the longer Acknowledgment of Satisfaction of Judgment (Form EJ-100) must be used when payment in full is received. The judgment creditor must sign it before a notary public, and the signed and notarized document must be recorded with the county recorder of that county.

If the judgment debtor has paid the judgment in full and the judgment creditor doesn’t complete and file an Acknowledgment of Satisfaction of Judgment (Form EJ-100) with the court after the judgment debtor has requested it, the judgment debtor may ask the small claims court for help. If sufficient proof of payment is provided—for example, a cash receipt signed by the judgment creditor, or a canceled check or money order made out to and endorsed by the judgment creditor—the small claims court can issue an Acknowledgment of Satisfaction of Judgment (Form EJ-100). If a judgment creditor does not file an Acknowledgment of Satisfaction of Judgment (Form EJ-100) within 14 days after receiving a written request by a judgment debtor, the judgment creditor is liable to the judgment debtor for any resulting losses and a monetary penalty.