DRAFT HOW TO COLLECT YOUR JUDGMENT-WILLIAM T. TANNER
Can I Have the Debtor’s House or Other Real Estate Sold at Public Auction?
Yes. You can have the sheriff/marshal take the debtor's real property and have it sold at
public auction. For more information, check out Code of Civil Procedure §700.015,
§§701.540 through 701.680, and §§704.710 through 704.850. This is a relatively complex
way to collect a judgment. If you still want to do it, follow these steps:
1. Start by getting information about the real property from the county assessor's
office and the county recorder's office. Does a bank or other lender have an
interest in the property? Are there other owners of the property?
2. Have the court issue a Writ of Execution (EJ-130) to the sheriff/marshal in the
county where the real property is located.
3. Give the sheriff/marshal written instructions and their fees. The sheriff will probably
have a form of Real Property Levy Instructions. The fees will probably be
approximately $1,000.
4. An officer will then serve a Notice of Levy on the debtor and you.
5. If the real property is a dwelling, you must ask the court for an order of sale. You
must do this within 20 days of receiving notice that the levy has been made.
6. After 120 days, an officer will then serve a Notice of Sale on the debtor. The notice
will be posted in a public place and on the property. It's served on the occupant of
the property, if there is one. The notice also is published in the local newspaper
and mailed to any lien holders.
7. Proceeds from the sale are to be distributed within 30 days after the sale.
Can I Have the Sheriff Take The Debtor’s Car and Sell It?
Yes, but this process is fairly expensive and a portion of the value of the vehicle is
exempt. Also, there often isn't enough value, if any, left in the vehicle to pay very much of
the judgment. Follow these steps:
Start by getting information about the vehicle, including its identification number (VIN),
make, model, color, license number, and physical location. If possible, also find out if
a bank or other lender has an interest in the vehicle.
1. Ask the court to issue a Writ of Execution (EJ-130) directed to the sheriff/marshal
in the county where the vehicle is located.
2. Give the sheriff/marshal written instructions that describe the vehicle as thoroughly
as possible, and their fees and deposit (approximately $1,000).
3. An officer will then physically remove the vehicle and store it. Daily storage costs
will accrue until the vehicle is sold.
4. The sheriff/marshal then advertises the public auction of the vehicle and gives
notice to the debtor.
5. If the vehicle is sold at auction, the bank, the exemption, the sheriff's fees and the
creditors must be paid first before you are paid. Also, the debtor is entitled to
approximately $2,500 of the proceeds of the sale (paid to them or to a lien holder if
there is a loan on the vehicle).
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