California Debt Collection Blog

Before developing a judgment enforcement plan, creditors should understand what assets of the debtor can, and cannot, be reached to collect the judgment.  The answer is that, in general, all property of a judgment debtor is subject to enforcement of a money judgment, unless an exception is provided by law.  See CCP § 695.010(a). “Exemptions” are the most important exception to the general rule.  Certain property of a judgment debtor is automatically exempt without requiring the debtor to assert an exemption claim.  See CCP § 703.030(b).  Unless the debtor receives an ...

Calculating the precise amount owing on a judgment can be very important during the judgment enforcement process. If the creditor's calculation is wrong, the court may refuse to issue a writ of execution (which is needed to levy on the debtor's assets). In addition, if the creditor successfully levies on assets, the debtor can seek to quash the levy and writ of execution if the amount stated in the writ of execution is wrong. The calculation of the amount owing on a judgment is summarized as follows: ...

When collecting judgments in California, the meaning of certain judgment-related terms can be very important.  This post explains California’s Enforcement of Judgment Laws definition of the term “judgment debtor”. A “judgment debtor” is the person or entity against whom the judgment is entered.  CCP §§ 680.250, 680.280; see Grayson Services, Inc. v. Wells Fargo Bank (2011) 199 Cal.App.4th 563, 575. The exact identity of the "judgment debtor" can be very important. For example, if the primary wrongdoer is an individual, a judgment may be worthless if it requires only the individual's ...