§ 116.810.Enforcement of judgment

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 8. Satisfaction and Enforcement of Judgment · Last amended 1991 · Last verified July 28, 2026

In one sentenceSection 116.810 automatically suspends enforcement of a small claims judgment, without any bond, until the time to appeal expires, and keeps that suspension in place through any appeal unless the appeal is dismissed or the superior court upholds the denial of a motion to vacate, covering enforcement procedures under Title 9 and §§ 674 and 1174.

Full Text of § 116.810

Text sizeJump to: (a) (b) (c)

(a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended, without the filing of a bond by the defendant, until the expiration of the time for appeal.

(b) If an appeal is filed as provided in Article 7 (commencing with Section 116.710), enforcement of the judgment of the small claims court is suspended unless (1) the appeal is dismissed by the superior court pursuant to Section 116.795, or (2) the superior court determines that the small claims court properly denied the defendant’s motion to vacate filed under Section 116.730 or 116.740. In either of those events, the judgment of the small claims court may be enforced.

(c) The scope of the suspension of enforcement under this section and, unless otherwise ordered, of any suspension of enforcement ordered by the court, shall include any enforcement procedure described in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174.

Plain-English Summary

Section 116.810(a) protects a losing party’s ability to appeal without facing immediate collection efforts: enforcement of a small claims judgment — including issuing or recording any abstract of judgment — is automatically suspended, without the defendant having to post any bond, until the time to appeal runs out.

Subdivision (b) extends that suspension through the appeal itself if one is filed under Article 7, but only up to a point: enforcement stays suspended unless the superior court dismisses the appeal under § 116.795, or the superior court determines the small claims court properly denied a motion to vacate under § 116.730 or § 116.740. Either of those events lets enforcement of the small claims judgment resume. Subdivision (c) makes clear the suspension covers every enforcement procedure under Title 9 (commencing with § 680.010) and under §§ 674 and 1174.

Frequently Asked Questions

Can the winning party collect on a small claims judgment right away?

No. Section 116.810(a) automatically suspends enforcement, without requiring any bond, until the time to appeal has expired.

Does filing an appeal keep enforcement suspended?

Generally yes. Section 116.810(b) keeps enforcement suspended through the appeal, unless the superior court dismisses the appeal under § 116.795 or upholds the small claims court’s denial of a motion to vacate under § 116.730 or § 116.740.

What enforcement procedures does this suspension cover?

Section 116.810(c) covers enforcement procedures under Title 9 (commencing with § 680.010) and under §§ 674 and 1174.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 28 (SB 771).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: when can i collect a small claims judgment californiasmall claims judgment automatic stay pending appeal