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Writ of execution · Checked October 23, 2026

Writ of execution: the order that lets an officer collect

General information, not legal advice. Ask a lawyer before you act on it.

A writ of execution is the court's order to a sheriff, marshal or constable to take the other side's property and pay your judgment from it. You ask the court clerk for it once your state's waiting period is over; the court does not send it on its own.

Who asks
You, the winner
Who issues it
The court clerk
Who uses it
A sheriff, marshal or constable

Work out your dates

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The steps

  1. Wait out your state's window.

    California: 30 days after the Notice of Entry of Judgment. Texas: after the 30th day from the signed judgment, if there is no appeal (Guadalupe County's rule). Florida: 10 days, unless the judgment says execution may issue "instanter" or "forthwith." New York City and Pennsylvania: 30 days. Source

  2. Ask the clerk for the writ. EJ-130

    In California you fill in form EJ-130 and the clerk stamps it; the fee is $40. In Pennsylvania the form is a Request for Order of Execution, filed with the magisterial district judge. In New York City you send the Sheriff a Request for an Execution. Source

  3. Tell the officer what to take.

    The writ does not find property. You say where they bank, work or own things. In Florida you bring written Instructions for Levy; a New York City marshal "will not search" and asks you where the assets are. Source

  4. Use it before it runs out. 180 days

    A California writ is good for 180 days; after that you get a new one. Source

A worked example

Say a California judgment's Notice of Entry was mailed on September 14, 2026. The 30 days run to October 14, 2026, so from then you can file EJ-130 with the $40 fee (which can be added to what you are owed). If the clerk issues it on October 20, 2026, it is good through April 18, 2027: 180 days to get it to the sheriff with your instructions.

Fees and forms change, and your court's clerk has the current ones. General information, not legal advice. Ask a lawyer before you act on it.

Ask once, in writing

Before the court steps, most winners send a letter asking for payment by a date. Fill one in and print it; nothing you type leaves this page.

Make the payment letter

Questions people ask next

Does the court collect for me with a writ?

No. The writ lets an officer act, but you start it, pay the officer's fees up front where they apply, and tell the officer where the property is.

What can a writ reach?

Property that is not exempt. In California the sheriff can take money from a paycheck or a bank account. In Texas wages are exempt from garnishment, and a homestead is generally exempt.

Do I need the other side's bank first?

Yes, in practice. Get it from their statement of assets, a debtor's exam, or post-judgment discovery before you hand the writ over.

Your state's full steps

California Texas Florida New York Pennsylvania

Related guides

Writ of Execution in California Small Claims Writ of Execution in Texas Justice Court Writ of Execution in Florida Small Claims Garnish a Bank Account With a Small Claims Judgment

Sources

Checked on October 23, 2026 against these pages.