What is the step-by-step process for collecting a judgment after winning a personal injury case in California?

Collecting your personal injury judgment involves using court-issued orders to legally seize the debtor's assets, such as wages or property, until the debt is paid. This process begins after the court finalizes your case and issues a formal judgment. Here is the step-by-step process to collect your judgment: Step 1: Obtain an Abstract of Judgment After the court enters the judgment, request an Abstract of Judgment (Form EJ-001) from the court clerk. Take this document to the county recorder's office in any county where the debtor owns or may own property. This creates a lien on the property, preventing the debtor from selling or refinancing without paying you first, as per CCP § 697.310. Step 2: Locate the Debtor's Assets To find the debtor's assets, you can require them to appear in court for a debtor's examination. File an Application and Order for Appearance and Examination (Form EJ-125) with the court. Under CCP § 708.110, you can ask the debtor under oath about their bank accounts, employment, and property. Step 3: Get a Writ of Execution To seize assets, you need a Writ of Execution (Form EJ-130). Submit the application for this writ to the same court clerk who issued your judgment. This document is required by CCP § 699.510 and instructs the county sheriff to seize the debtor's assets on your behalf. A writ is typically valid for 180 days. Step 4: Levy Bank Accounts or Garnish Wages With the Writ of Execution, you can levy a bank account or garnish wages. For a wage garnishment (CCP § 706.021), deliver the Writ and an Application for Earnings Withholding Order (Form WG-001) to the county sheriff, who will serve the order on the debtor's employer. The employer must then send a portion of the debtor's wages to the sheriff, who forwards it to you. Important Details and Nuances: Your judgment accrues interest from the date it is entered. You are also entitled to recover the costs associated with collection efforts, like filing fees and sheriff's fees. The county sheriff's office carries out the physical act of levying accounts and serving employers. Warnings and Limitations: Judgments in California are valid for 10 years but can be renewed. Some of the debtor's property may be exempt from collection. If the debtor files for bankruptcy, it can stop all collection efforts temporarily or permanently. This is general information and does not constitute legal advice. For complex situations, or if the debtor is difficult to locate, consult with a qualified California attorney to explore all your collection options.