How to Collect Restitution in California: Liens and Wage Garnishment

To collect restitution in California, you enforce the sentencing order the same way any creditor enforces a civil judgment: get an Abstract of Judgment from the court, record it in every county where the offender might own property, and use a Writ of Execution to have the sheriff garnish wages or levy bank accounts. While the offender is in custody or on supervision, part of the money reaches you through CDCR and the probation or parole department; once they’re out and off paper, collection is on you, and the order never expires.¹

Know What the Order Actually Covers

Before you spend time chasing money, confirm the full amount you’re owed. California restitution reimburses every economic loss caused by the crime: replacement or repair of stolen or damaged property, medical bills, mental health counseling, and lost wages or profits, including commission income.²

The list goes further than most victims realize. It also covers relocation costs if you had to move away from the offender, home security installation or upgrades, and retrofitting of your home or vehicle if the crime left you permanently disabled. Wages you lost helping police or testifying belong on the order too.²

The balance grows over time. Restitution accrues interest at 10 percent per year from the date of sentencing or the date of your loss, whichever the court selects, and you can add reasonable attorney’s fees and other costs you incur trying to collect.² Ask the court clerk for a certified copy of the sentencing order so you have the exact figure and the interest start date in writing.

Money That Should Reach You Automatically

If the offender is in state prison, the California Department of Corrections and Rehabilitation automatically deducts up to 50 percent of the inmate’s wages and any deposits into their trust account. Those funds flow to the California Victim Compensation Board, which pays the victim directly. The 10 percent administrative fee CDCR used to charge on top of collections was eliminated as of January 1, 2022.³

Prison wages are very low, so expect small checks. Keep your address current with CalVCB and with the supervising agency; if they can’t find you, the money doesn’t move.

If the offender is on probation or parole, restitution is a condition of that supervision. Payments run through the probation office, a court collection unit, or the county revenue department, depending on the county.⁴ This is often your best window, because failing to pay can trigger a violation, and the offender has a real reason not to let that happen. If payments stop or never start, call the probation officer or parole agent, and if that doesn’t move things, notify the district attorney’s office, which can bring the offender back before the court.

Find Out What the Offender Has

You can’t garnish a paycheck you don’t know about. Start by asking the court for the financial disclosure the offender filed as part of the sentencing record.¹

If that record is stale, apply for a debtor examination under Code of Civil Procedure 708.110. The court orders the offender to appear and answer questions under oath about income, bank accounts, real property, and other assets. The court generally grants the order automatically if you haven’t asked for one in the past 120 days. You have to personally serve the order on the offender at least 30 days before the exam, and service creates an automatic one-year lien on their personal property.⁵

If the offender skips the examination, the court can issue a bench warrant and hold them in contempt. That leverage is why the debtor exam is often the single most useful step: vague answers aren’t an option once someone is on the stand.

Turn the Order Into Collection Paperwork

The Abstract of Judgment (Judicial Council Form EJ-001) is the document that lets the county recorder and the sheriff act on your restitution order.⁶ Fill in the case number, the total restitution amount, and identifying information about the offender, including name and last known address.⁷

Take the completed form to the clerk of the court that entered the original order. The clerk verifies it against the record, certifies it, and issues it. The statewide issuance fee is $40.⁸

Then record the abstract with the county recorder in every county where the offender owns or may own real property. Recording creates a lien on any real property they hold in that county, so they cannot sell or refinance without paying you first. Recording fees vary by county and are typically modest.

Garnish Wages and Levy Bank Accounts

A recorded abstract handles real property. To reach wages and bank accounts, you also need a Writ of Execution (Form EJ-130). File it with the same court clerk and pay a $40 fee, which can be added to the total the offender owes.⁹

The writ authorizes the county sheriff to act. Send the issued writ, plus written instructions, to the sheriff in the county where the offender’s employer or bank is located. The sheriff then serves the levy paperwork on the employer or bank. Sheriff’s offices charge their own processing fees, which vary by county. Once the sheriff receives collected funds, it typically takes about four weeks for the money to reach you.⁹

California caps how much of a paycheck can be garnished. The maximum is the lesser of 20 percent of the offender’s disposable earnings for the pay period, or 40 percent of the amount by which their disposable earnings exceed 48 times the applicable minimum hourly wage. If the offender works in a city with a local minimum wage higher than the state’s, the local rate applies.¹⁰

For most workers above minimum wage, the 20 percent cap is what governs. For low-wage earners, the 48-times-minimum-wage floor protects some income, and the garnishment may fall below 20 percent or produce nothing. Bank levies work differently: there is no percentage cap, and the sheriff can seize the full account balance up to your judgment amount, though certain deposits such as Social Security may be exempt under federal law.

The Order Doesn’t Expire, and Bankruptcy Doesn’t Erase It

Most civil money judgments in California go dormant after 10 years unless renewed.¹¹ Criminal restitution is the exception. Penal Code 1214(e) exempts restitution orders from that clock; you never file a renewal, and the order stays enforceable indefinitely. Any balance left after the offender finishes probation, parole, or a custodial term is still enforceable using civil judgment tools.¹ That matters because many offenders are judgment-proof during incarceration but pick up income and assets years later.

Bankruptcy doesn’t help them either. Federal law specifically excludes restitution from discharge, so the debt survives the bankruptcy case in full and you can resume collection once it closes.¹²

When Collection Stalls: CalVCB

If the offender has nothing to take, the California Victim Compensation Board can reimburse you from a state fund regardless of what the offender has paid. Covered costs include medical treatment, mental health counseling, lost wages, and relocation.¹³

The application deadline is seven years from the crime, seven years from a minor victim turning 21, or seven years from when the crime could reasonably have been discovered, whichever is latest. Late applications can still be considered on a late consideration form. You can apply online or on paper with help from a local victim advocate.¹⁴ CalVCB payments don’t reduce what the offender owes you; the full restitution order stands, and CalVCB recoups its payments from the offender’s collections when it can.

1
California Legislative Information. California Penal Code 1214 – The Execution
2
California Legislative Information. California Penal Code 1202.4 – Restitution Fine and Order
3
California Department of Corrections and Rehabilitation. Offender Restitution Information
4
California Victim Compensation Board. Offenders Guide to Restitution
5
California Legislative Information. California Code of Civil Procedure 708.110
6
California Courts. Abstract of Judgment – Civil and Small Claims (EJ-001)
7
Judicial Council of California. Abstract of Judgment – Civil and Small Claims
8
Superior Court of California. Statewide Civil Fee Schedule
9
California Courts. How to Get a Writ of Execution
10
California Legislative Information. California Code of Civil Procedure 706.050
11
California Legislative Information. California Code of Civil Procedure 683.020
12
Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge
13
California Victim Compensation Board. Restitution
14
California Victim Compensation Board. How To Get Compensated