§ 1710.45.Writ of Execution Or Enforcement On Judgment

The 30-day window that lets a debtor move to vacate would mean little if the creditor could seize assets before it expires, so this section holds off enforcement during that period as the general rule. A writ of execution cannot issue, and the judgment cannot be enforced by other means, until at least 30 days after the creditor serves notice of entry and proves that service was made.

Three situations let the creditor move faster. If the debtor is an individual who does not live in California, a foreign corporation not qualified to do business here, or a foreign partnership that has not designated an agent for service of process, the creditor can seek execution or other enforcement before that 30-day period runs. The court can also authorize early enforcement on an ex parte showing that waiting would cause great or irreparable injury to the creditor. Even when property is levied upon early under one of these exceptions, though, it generally cannot be sold or distributed until the same 30 days have passed, the one exception being perishable property, which can be sold sooner to avoid losing its value, with the sale proceeds held back from distribution until the normal waiting period would have run.