How to File a Stay of Execution in California

To file a stay of execution in California, you submit an ex parte application to the superior court that entered the judgment, asking the judge to pause enforcement actions like wage garnishments, bank levies, or an eviction lockout. The application has to include a sworn declaration explaining why you need the stay, a short legal memorandum, proof you notified the creditor, and a proposed order for the judge to sign. The filing fee is $60 as of 2026.¹

What you actually have to prove, and whether a stay will hold, depends on the kind of judgment against you. The filing mechanics are the same across cases. The legal standard is not.

What Goes in the Application

There is no statewide Judicial Council form for a stay of execution. Some counties publish a local template, so check your superior court’s self-help website first. If none exists, you prepare the papers on pleading paper, which is the standard court format with numbered lines, set margins, and a case caption at the top.²

California’s Rules of Court require an ex parte application to include the following:³

A written application with the case caption and a clear statement of the relief you want: a stay of execution of the judgment.
A supporting declaration, signed under penalty of perjury, laying out the judgment, the enforcement action you are facing, the harm it will cause, and why pausing it will not unfairly prejudice the creditor.
A separate notice declaration describing how and when you notified the opposing side.
A memorandum of points and authorities citing the statute that entitles you to the stay, usually Code of Civil Procedure section 918 for a general discretionary stay or section 1176 in an eviction.
A proposed order for the judge to sign.

Before drafting, pull together the full case name, case number, date the judgment was entered, and the details of the enforcement action. That means the employer’s name if your wages are being garnished, the bank’s name if your account has been levied, or the sheriff’s case number if a lockout is scheduled. Note any deadline you are trying to beat.

Where to File, the Fee, and a Waiver if You Need One

File in the superior court that entered the judgment. Bring the originals and at least two copies to the clerk’s office; the clerk will stamp them and direct you to the right department. Many California courts now accept e-filing through approved electronic filing service providers, so check your court’s website before making the trip. If you e-file a declaration signed under penalty of perjury, you need a valid electronic signature or you must keep the original wet-signed copy and produce it on request.⁴

The filing fee is $60.¹ If you cannot afford it, file a Request to Waive Court Fees (Form FW-001) with the application.⁵ The court will not process the application until the fee is paid or the waiver is granted.

Notifying the Creditor

An ex parte application asks the court to act on shortened notice, so you have to tell the other side the request is coming. Contact the judgment creditor or their attorney by phone no later than 10:00 a.m. on the court day before the hearing. Tell them the date, time, location, and purpose of the request. If you cannot reach a person, leave a voicemail with the same information and follow up by email or fax.

Document every attempt: who you called, when, what number, and what happened. Your notice declaration has to describe those efforts, and a vague account is a common reason judges refuse to hear the application.

Grounds the Court Will Accept

A judge will not pause enforcement because you ask politely. The declaration has to tie your request to a recognized legal reason:

A pending appeal or a motion to vacate the judgment, where enforcement now could become pointless if the judgment changes.
Extreme hardship in an eviction case, where losing housing would cause serious injury the landlord’s delay cannot match.⁶
A short delay to let you finalize a payment arrangement or gather funds to satisfy the judgment.
Irreparable harm outside the eviction context, such as the loss of a sole income source or destruction of a small business.

The trial court has general authority to stay enforcement of any judgment or order under Code of Civil Procedure section 918, but that authority is time-limited for money judgments: without the creditor’s consent, a discretionary stay cannot extend more than 10 days past the appeal deadline unless you post a bond.⁷

If the Judgment Orders You to Pay Money

Filing an appeal in California usually stops the trial court from enforcing the judgment during the appeal.⁸ Money judgments are the main exception. If the judgment orders you to pay money, the appeal alone will not pause collection. You also have to post an undertaking: a bond guaranteeing payment if the judgment is upheld.⁹

Through a licensed surety company, the bond must equal one and one-half times the judgment including any costs award. Through an individual guarantor (a personal surety), it must equal double the judgment. Surety companies charge an annual premium and usually require collateral, so start the process early. Interest on the judgment keeps accruing during the appeal, and you remain responsible for it if the judgment is affirmed.

If You Are Facing Eviction

Eviction judgments run on their own track. An appeal does not automatically stop a lockout, so you have to request a stay from the trial judge who entered the judgment. The standard has two parts: you must show you will suffer extreme hardship without the stay, and that the landlord will not be irreparably injured by granting it.⁶

Expect conditions. The court will almost certainly require you to pay the reasonable monthly rental value in advance for every month the stay is in effect, generally your contract rent unless the trial court set a different figure. If the judge denies the stay, you can immediately petition the Court of Appeal for an extraordinary writ, and the appellate court can pause enforcement while it considers your petition.

Speed matters. Once the sheriff receives a writ of possession, the lockout can happen within days. A stay request filed the afternoon before a scheduled lockout may not reach a judge in time.

The Hearing

Ex parte hearings are short, often only a few minutes. You explain your situation; the judge asks questions; the creditor may appear to oppose you. Judges typically want to know three things: the specific harm you face, the legal basis for the stay, and whether a short delay will meaningfully hurt the creditor.

The judge can grant the stay, with or without conditions like partial payments or security. The judge can deny it. Or the judge can grant a brief temporary stay and set a full hearing where both sides present more evidence. Bring extra copies of everything, including a clean copy of your proposed order. If the judge changes the order before signing, make sure you understand the final terms before you leave.

Serving the Signed Order

A signed order does not stop collection on its own. The people carrying out the enforcement have to receive it. Get a certified copy from the clerk right away. Serve it on the levying officer handling the action, usually the county sheriff’s civil division, and serve a copy on the creditor or their attorney.

In some eviction cases the courtroom clerk notifies the sheriff directly by fax. Ask whether your court does that or whether you are responsible for delivery. If there is any doubt, hand-deliver the certified order to the sheriff yourself. Enforcement does not stop until the levying officer has the order, and a few hours of delay can mean losing your home.

If the Court Denies the Stay

A denial is not always the end. In an eviction, you can petition the Court of Appeal for an extraordinary writ immediately after the trial court rules, and the appellate court can grant interim relief while it reviews the petition.⁶ This moves fast and legal help is strongly advisable.

For a money judgment, the surest path to a stay is simply posting the required undertaking. You can also renew the motion in the trial court if your circumstances have changed, since new facts that were not available at the original hearing can support a fresh request.

A Note on Bankruptcy

Filing a bankruptcy petition triggers an automatic federal stay that halts most collection activity the moment the case is filed, with no separate motion required, and it overrides state enforcement procedures.¹⁰ It does not stop criminal cases, domestic support enforcement, certain tax actions, or government regulatory proceedings, and creditors can ask the bankruptcy court to lift the stay for cause. If you have filed bankruptcy before, the automatic stay may be limited to 30 days or may not apply at all without a court order. Bankruptcy carries long-term consequences and generally makes sense when you have broader debt problems, not when your only goal is to pause a single judgment.

1
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026
2
Judicial Branch of California. Rule 2.111 – Format of First Page
3
Judicial Branch of California. Rule 3.1201 – Required Documents
4
Judicial Branch of California. Rule 2.257 – Requirements for Signatures on Documents
5
California Courts. Request to Waive Court Fees
6
California Legislative Information. California Code of Civil Procedure Section 1176
7
California Legislative Information. California Code of Civil Procedure Section 918
8
California Legislative Information. California Code of Civil Procedure Section 916
9
California Legislative Information. California Code of Civil Procedure Section 917.1
10
Office of the Law Revision Counsel. 11 United States Code Section 362 – Automatic Stay