1. The Enforcement Of Judgments Law
The foundation for rules that outline techniques for recovering judgments in California are
identified as the Enforcement of Judgments Legal guidelines, often abbreviated as EJL. The
EJL is a established of rules delivering the basic framework for the most common judgment
assortment techniques in California. The EJL regulations outline the methods for levies,
garnishments, assignment orders, charging orders, turnover orders, the appointment of
receivers, and so forth.
This write-up is my opinion, and not authorized guidance. I am the judgment restoration
skilled, and am not a law firm. If you ever want any lawful guidance or a method to use,
remember to get in touch with a lawyer.
Although the set of Enforcement of Judgments Laws (EJL) offer the principles for judgment
restoration rules and processes, there are far more California rules including newer laws,
within the Code Of Civil Processes (CCP), Organization and Professions Codes, Civil Codes,
Business Codes, and the California Uniform Fraudulent Transfers Act (CUFTA).
The California EJL regulations were designed to need a minimal amount of open courtroom
time. Court clerks can approve and signal many of the most widespread publish-judgment
court docket files such as writs of execution, abstracts, and put up-judgment subpoenas.
Some other states require a lot of of these documents to be signed at a listening to, and
sometimes at a full hearing prior to a district Decide.
In addition to the EJL framework, California has a massive population, plenty of courts,
attorneys, lawsuits, judges, method servers, selection experts, courtroom viewpoints, and
also a ton of scenario regulation. In the most popular of the 58 California counties particular
Judges, identified as Commissioners, function in particular departments established up
largely for submit-judgment assortment paperwork and the most frequent assortment
matters.
California is not as debtor-helpful as some other states such as Florida or Texas. Federal law
limitations the garnishment of wages to twenty five% of take-home spend. California has
constrained debtor exemptions. Actual estate exemptions variety from 50K to $150K, relying
on the marital status and the age of the judgment debtor.
In certain circumstances, with a judge's approval, lifestyle insurance policies and annuities
can be levied. Retirement ideas and IRAs are topic to a imprecise "implies test", as defined in
CCP 704.one hundred fifteen. A summary of CCP 704.115, section E is:
"Programs are exempt only to the extent needed to give for the help of the judgment debtor
when the judgment debtor retires and for the assist of the husband or wife and dependents of
the judgment debtor, having into account all sources that are very likely to be accessible for

2. the help of the judgment debtor when the judgment debtor retires. In figuring out the volume
to be exempt, the courtroom shall let the judgment debtor this sort of added volume as is
needed to pay any federal and condition revenue taxes payable".
With the acceptance of a choose, plans that contains property earlier mentioned the standard
boundaries in CCP 704.a hundred and fifteen(e), may be levied on, toward satisfaction of a
funds judgment.