If the judgment creditor applies for a writ for the enforcement of a judgment and the application is made more than 10 years after the date the judgment was entered or renewed, the application shall be accompanied by an affidavit of a person having knowledge of the facts stating facts showing that the issuance of the writ sought in the application is not barred under this chapter. A copy of the affidavit shall be attached to the writ when issued.
§ 683.040.Affidavit Stating that Issuance of Writ Sought In Application Not Barred
Title 9. Enforcement of Judgments · Division 1 · Chapter 3. Period for Enforcement and Renewal of Judgments · Article 1. Period for Enforcement of Judgments · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 683.040 requires a judgment creditor who applies for a writ more than 10 years after the judgment was entered or renewed to attach a knowledgeable person's affidavit showing the writ isn't barred, with a copy of that affidavit attached to the writ once issued.
Full Text of § 683.040
Plain-English Summary
Applying for a writ more than a decade after entry or the last renewal doesn't automatically fail — it just triggers an extra step. The creditor has to attach an affidavit, from someone with actual knowledge of the facts, laying out why the writ being sought isn't barred under this chapter.
That showing typically points to something this chapter already recognizes as keeping enforcement alive past the plain 10-year mark: a timely renewal under § 683.120, the staggered installment timing of § 683.030, or a continued enforcement proceeding preserved under § 683.200.
Once the writ issues, a copy of that supporting affidavit travels with it, giving the levying officer and anyone who questions the writ's validity the paper trail explaining why enforcement is still available.
Frequently Asked Questions
What triggers the affidavit requirement in this section?
Applying for a writ to enforce a judgment more than 10 years after the date the judgment was entered or renewed.
What must the affidavit show?
Facts, stated by someone with knowledge of them, showing that issuance of the writ sought in the application isn't barred under this chapter.
Does the affidavit stay with the writ after it issues?
Yes. Section 683.040 requires a copy of the affidavit to be attached to the writ when it's issued.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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: affidavit writ more than 10 years after judgmentwrit of execution after 10 years california