What happens if I win but the defendant refuses to pay?

What the Law Says

California law treats a court judgment as a legally enforceable debt—but places the burden of collection squarely on the winning party (the judgment creditor). There is no government agency that collects judgments for you.

Once you have a judgment, it’s valid for 10 years and can be renewed for another 10 years if you file before expiration. To renew, you must file an Application for Renewal of Judgment (Form EJ-190) within the last 90 days of the original 10-year period.

You may record an Abstract of Judgment with the county recorder to create a lien on the debtor’s real property. This requires a $30 filing fee and attaches to any real estate they own or acquire in that county for up to 10 years.

To collect from wages, you may issue a Writ of Execution and request a wage garnishment—limited to 25% of the debtor’s disposable earnings per pay period under California law. For bank accounts, a levy may be issued, but certain funds (like Social Security) are exempt.

If the debtor owns a home, California’s homestead exemption protects up to $300,000–$600,000 of equity (depending on county median price and debtor status), meaning you generally cannot force a sale unless equity exceeds that amount.

Statutory Text

A money judgment may be enforced by issuance of a writ of execution only after the time for appeal has expired, or, if an appeal is taken, after the remittitur is filed.

— Code of Civil Procedure, § 683.020 — Enforcement of money judgments

Statutory Text

The lien of an abstract of judgment upon real property lasts for 10 years from the date of recording unless sooner released or terminated.

— Code of Civil Procedure, § 697.310 — Duration of judgment lien

Statutory Text

The amount that may be withheld from the earnings of a judgment debtor shall not exceed 25 percent of the debtor's disposable earnings.

— Code of Civil Procedure, § 706.050 — Limitation on amount subject to withholding

What to Do

Sources