Wage garnishment (earnings withholding order, form # 982.5(2))
A wage garnishment is a method to collect a portion of the defendant’s wages directly from his employer. A maximum of 25% of the defendant’s earnings above $700.00 per month may be attached. (see: Wage Garnishment Law, California Code of Civil Procedure § 706.010). Forms and instructions are available at the California Judicial Council website
Paperwork you need
Certified copy of the Writ of Execution
, an Application for Earnings Withholding Order Wage Garnishment
(form 982.5(1)) and a check to cover the state-mandated service fee.
Writs of Execution (form # EJ-130)
A Writ of Execution allows the victim to attach the defendant’s income or personal assets. To obtain a Writ of Execution you must do the following:
Complete the form.
Pay the fee and file the form with the Court Records Division of the Sentencing Court.
Once you have obtained the Writ of Execution, it must be delivered to the Levying Officer (County Sheriff or Marshal) with instructions identifying which property to levy. A fee is required. A levy will allow you to obtain property or cash that belongs to the defendant to satisfy your restitution order. The Writ of Execution will allow you to use the collection options listed below:
Levy on Bank Accounts
Levy on bank accounts and or safe deposit boxes
Levy against business receipts
Levy on real or personal property
Paperwork you need: Certified copy of the Writ of Execution
, a completed Civil Process Instruction Sheet
and a check to cover the state-mandated service fee.
The Civil Process Instruction Sheet
is a form specific to the San Bernardino County Sheriff’s Department Court Services and is available at any of their offices or online at the Sheriff’s Department website.
Serving The Debtor
Take these papers to the closest Sheriff’s Court Services Office, or mail them to 157 W. Fifth Street, Third Floor, San Bernardino, CA 92415-0480. The Writ of Execution
along with your written instruction gives the Sheriff authority to seize property of the Judgment Debtor.
After the Judgment is Paid
Once a judgment has been paid in full you MUST file a notarized Acknowledgment of Satisfaction of Judgment
(Form EJ-100) with the court within 15 days. If a lien was filed, a certified copy must also be filed with the County Recorder’s Office.