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April 1, 2025

Writ of Execution

A writ of execution directs a sheriff to collect an unpaid money judgment. Learn how it can be used to enforce a family court judgment.

A writ of execution is a court document that directs a sheriff or other authorized officer to collect an unpaid money judgment. Depending on the collection method, this may involve taking money from a bank account, withholding part of a paycheck, or seizing and selling property. Legal limits protect certain money and property from collection.

In California Family Law

A writ of execution may be used to collect money owed under a family court judgment, such as an unpaid payment required by a property division. It enforces an existing obligation; it does not decide whether the money is owed.

For example, a divorce judgment may require one spouse to pay the other $20,000 to balance the division of assets. If the payment is due and remains unpaid, the spouse owed money may obtain a writ and arrange a bank levy to collect funds, subject to applicable protections and court orders.

In California, the court clerk issues the writ using form EJ-130. The person collecting must then give the writ and collection instructions to the sheriff. Issuing the writ alone does not collect the money.

Glossary