If the court decides against you and issues a judgment and you do not intend to appeal, it is better to pay the judgment as soon as possible. If you do, you will not have to pay interest on the unpaid judgment, and you will not be responsible for whatever costs the judgment creditor (the side that wins) incurs trying to collect the judgment from you.

Fill out and send the creditor a Judgment Debtor's Statement of Assets (Form SC-133)
Once the judgment against you is final and you do not pay voluntarily within 30 days, you are legally required to fill out a Judgment Debtor's Statement of Assets (Form SC-133) and send it to the creditor. In many local courts, the court clerk will mail a blank Form SC-133 to you with the original judgment.

If you do not send Form SC-133 to the creditor, he or she may do a debtor's examination to get information about your property, work, bank accounts, and other assets that the creditor can go after to get paid. Read Ways to Collect From the Debtor to learn about what the creditor can do to collect the judgment if you do not pay voluntarily.

If the creditor takes steps to collect the judgment, there may be something you can do. Get help from the small claims advisor. And get more information by clicking on the topic below that applies to yor situation:

• If the Creditor Has Your Wages Garnished

• If the Creditor Puts a Levy or Other Non-Wage Garnishment on Your Property

 

If the Creditor Has Your Wages Garnished

One of the main tools that the creditor can use to collect from you is a wage garnishment. The creditor can file papers in court to have a portion of your paycheck garnished (taken) to pay off your debt. But the creditor will be limited in the amount he or she can take. The creditor cannot take the part of your paycheck that you need to support yourself and your dependents. See Code of Civil Procedure section 706.051 for more information.

If the creditor tries to garnish your wages, you can file a claim of exemption. See Code of Civil Procedure section 706.123 for a list of what you need to put in a claim of exemption.

Claim of exemption for wage garnishment

A Claim of Exemption is a form a debtor files with the levying officer (like the sheriff or marshal) explaining why the wages that the creditor wants the debtor's employer to garnish (take) should be exempt (excluded). There are laws and rules that say which types of income or property are exempt. You can read many of these exemptions in Exemption From the Enforcement of Judgments (Form EJ-155).

To file a Claim of Exemption for a wage garnishment
Within 10 days of receiving a copy of the Earnings Withholding Order (Form WG-002) (the wage garnishment):

1. Fill out a Claim of Exemption (Form WG-006) and a Financial Statement (Form WG-007).
2. Use the Exemption From the Enforcement of Judgments (Form EJ-155) to find out what income is exempt from a levy (cannot be taken to pay your judgment).
3. Turn in 2 copies of the Claim of Exemption and the Financial Statement to the levying officer in your case (like the sheriff/marshal or process server) within 10 days of receiving the Notice of Levy. Keep 1 copy of both forms for yourself.
4. Your employer will hold on to the money garnished until:
   • 10 days go by and the creditor does not oppose your claim of exemption;
                      OR
   • The judge makes a decision at the hearing on the claim of exemption.
5. If the creditor does not oppose your claim of exemption, your employer will return the wages to you.
6. If the creditor opposes your claim of exemption, you will receive a Notice of Opposition to Claim of Exemption (Form WG-009) and Notice of Hearing on Claim of Exemption (Form WG-010) that will set a court date for a judge to make a decision.
7. At the hearing, the judge will make the final decision. If the judge agrees with your claim of exemption, you will get your money back. If the judge agrees with the creditor, your employer will send the money to the creditor every month until your judgment is paid in full.

Read Code of Civil Procedure section 706.123 for a list of what you need to put in a claim of exemption.

To oppose a Claim of Exemption for a wage garnishment
If the judgment creditor wants to oppose the Claim of Exemption, within 10 days of receiving a copy of the Claim of Exemption, the creditor must:

1. Fill out a Notice of Opposition to Claim of Exemption (Form WG-009) and make 3 copies.
2. Fill out a Notice of Hearing on Claim of Exemption (Form WG-010) and make 3 copies.
3. File the original of both forms with the court. The clerk will scheule a court date.
4. Give a copy of each document to the levying officer (the sheriff or marshal). The creditor should keep a copy for himsef or herself.
5. Have someone 18 or older, NOT the creditor, serve a copy of each form on the judgment debtor (or if the judgment debtor is represented by a lawyer, on that lawyer) at least 10 days before the hearing.
6. Go to the court hearing and explain to the judge why the money the creditor is trying to collect is not exempt.

 

If the Creditor Puts a Levy or Other Nonwage Garnishment on Your Property

As a debtor, if the creditor tries to take any asset of yours other than your wages through a levy or garnishment, you can also file a claim of exemption. See Code of Civil Procedure section 704.010 for a list of what you need to put in a claim of exemption.

Claim of exemption for a levy or other nonwage garnishment (not wages)

A Claim of Exemption is a form a debtor files with the levying officer (like the sheriff or marshal) explaining why the property or money that the creditor wants to take should be exempt (excluded). There are laws and rules that say which types of income or property are exempt. You can read many of these exemptions in Exemptions From the Enforcement of Judgments (Form EJ-155).

To file a Claim of Exemption for a levy or other nonwage garnishment
Within 10 days from receiving the Notice of Levy:

1. Fill out a Claim of Exemption (Form EJ-160) and a Financial Statement (Form EJ-165).
2. Use the Exemptions From the Enforcement of Judgments (Form EJ-155) to find out what property or income is exempt from a levy.
3. Turn in the Claim of Exemption to the levying officer in your case (like the sheriff or marshal or process server) within 10 days of receiving the Notice of Levy.
4. The levying officer will hold on to your property or money until:
   • 10 days go by and the creditor does not oppose your claim of exemption;
                  OR
   • The judge makes a decision at the hearing on the claim of exemption.
5. If the creditor does not oppose your claim of exemption, the levying officer will return the property or money to you.
6. If the creditor opposes your claim of exemption, you will receive Notice of Opposition to Claim of Exemption (Form EJ-170) and Notice of Hearing on Claim of Exemption (Form EJ-175) that will set a court date for a judge to make a decision.
7. At the hearing, the judge will make the final decision. If the judge agrees with you, you will get your money or property back. If the judge agrees with the creditor, the levying officer will give your money or property to the creditor.

To oppose a Claim of Exemption for a nonwage garnishment (not wages) 
If the judgment creditor wants to oppose the Claim of Exemption, within 10 days of receiving a copy of the Claim of Exemption, the creditor must:

1. Fill out a Notice of Opposition to Claim of Exemption (Form EJ-170) and make 3 copies.
2. Fill out a Notice of Hearing on Claim of Exemption (Form EJ-175) and make 3 copies.
3. File the original of both forms with the court. The clerk will schedule a court date.
4. Give a copy of each document to the levying officer (like the sheriff or marshal). The creditor should keep a copy for himself or herself.
5. Have someone 18 or older, NOT the creditor, serve a copy of each on the judgment debtor (or if the judgment debtor is represented by a lawyer, on that lawyer) at least 10 days before the hearing.
6. Go to the court hearing and explain to the judge why the money or property the creditor is trying to collect is not exempt.