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How to get a Writ of Execution

A Writ of Execution is a court paper that tells the sheriff to collect money for you. You need this before you can collect from someone’s bank account or paycheck.

 

To get a Writ of Execution, you must fill out a court form, file it with the clerk, and then give the issued Writ to the sheriff with more instructions.

Before you start

💵 You can add interest and collection costs

If you spent money trying to collect what you’re owed, you can ask the court to add:

  • Interest

  • Collection costs, like mailing or court fees

To do this, fill out and file Memorandum of Costs after Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest (form MC-012) (🔗 link opens in new tab).

📌 Tip:

  • If you want to add more than $100, it’s easier to do this before you start the Writ process.

  • If it’s $100 or less, you can turn in the MC-012 with your Writ.

Learn how to add costs and interest

Steps to get a Writ of Execution

  • Fill out the Writ of Execution

    This court form tells the sheriff to collect money for you from the other side.

    You’ll list:

    • How much you’re owed

    • The type of money you’re trying to collect

    • Who owes the money

  • Take the Writ of Execution to the court clerk

    Bring your completed form EJ-130 to the clerk.

    You must:

    • 💵 Pay a $40 fee (you can add this fee to what you’re owed)

    • Or ask for a fee waiver if you can’t afford it

    The clerk will:

    • Stamp and date the form

    • Issue the Writ of Execution

    📅 Your Writ expires in 180 days.

    You must take the next steps within 180 days or you’ll need to get a new Writ issued.

  • Give the issued Writ to the sheriff

    After the clerk issues your Writ, you must send it to the sheriff with more instructions.

    What you send depends on how you plan to collect:

    • To collect from a bank account (bank levy), use the instructions on the bank levy page

    • To collect from a paycheck (wage garnishment), use the instructions on the wage garnishment page

    Get instructions to: 

Key takeaways

  • You need a Writ of Execution before you can collect from a bank or paycheck.

  • You can ask to add interest and collection costs before you file your Writ.

  • 💵 The court charges a $40 fee to issue the Writ.

  • 📅 Your Writ is good for 180 days.

  • You must give the issued Writ and more instructions to the sheriff to start collection.

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