(a) If money is owing and unpaid to the judgment debtor by a public entity, the judgment creditor may file, in the manner provided in this article, an abstract of the money judgment or a certified copy of the money judgment, together with an affidavit that states that the judgment creditor desires the relief provided by this article and states the exact amount then required to satisfy the judgment. The judgment creditor may state in the affidavit any fact tending to establish the identity of the judgment debtor.
§ 708.730.Abstract Or Copy of Judgment and Affidavit Stating Creditor Desires Relief Provided By Article; Service of Notice of Filing
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity · Last amended 2000 · Last verified July 28, 2026
In one sentenceSection 708.730 lets a judgment creditor file an abstract or certified copy of the judgment together with an affidavit stating the amount owed to begin collecting money the public entity owes the debtor, with streamlined filing rules for child support agencies and a separate procedure for reaching state tax refunds and lottery winnings on support judgments.
Full Text of § 708.730
(b) Promptly after filing the abstract or certified copy of the judgment and the affidavit with the public entity, the judgment creditor shall serve notice of the filing on the judgment debtor. Service shall be made personally or by mail.
(c) If the judgment is for support and related costs and money is owing and unpaid to the judgment debtor by a state agency, including, but not limited to, money owing and unpaid to the judgment debtor by a state agency on a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code or as a result of the judgment debtor's winnings in the California State Lottery, and the local child support agency is enforcing the support obligation pursuant to Section 17400 of the Family Code, the claim may be submitted as follows: The local child support agency may file the affidavit referred to in subdivision (a) without filing an abstract or certified copy of the judgment. In lieu thereof, the affidavit shall also state that an abstract of the judgment could be obtained. Where there is more than one judgment debtor, the local child support agency may include all the judgment debtors in a single affidavit. Separate affidavits need not be submitted for each judgment debtor. The affidavit need not on its face separately identify each judgment debtor or the exact amount required to satisfy the judgment, so long as it incorporates by reference forms or other automated data transmittals, as required by the Department of Child Support Services, which contain this information. Affidavits submitted pursuant to this subdivision by the local child support agency shall meet the standards and procedures prescribed by the state agency to which the affidavit is submitted, except that those affidavits submitted with respect to moneys owed and unpaid to the judgment debtor as a result of a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, shall meet the standards and procedures prescribed by the Franchise Tax Board. In serving the notice required by subdivision (b), the Director of the Department of Child Support Services or his or her designee may act in lieu of the judgment creditor as to judgments enforced under this division.
(d) If the judgment is for child, spousal, or family support and related costs and money is owing and unpaid to the judgment debtor by a state agency on a claim for refund from the Franchise Tax Board under the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code, or as a result of the judgment debtor's winnings in the California State Lottery, the judgment creditor may file with the court an abstract or a certified copy of the judgment ordering the payment of child, spousal, or family support, together with a request that the court issue a Notice of Support Arrearage, as provided in Section 708.780, to which any personal income tax refunds and lottery winnings owed the judgment debtor by the State of California will be subject. The request shall be accompanied by an affidavit, signed under penalty of perjury, which shall state that the judgment creditor desires the relief provided by this subdivision and shall state the exact amount then required to satisfy the judgment. In addition, the affidavit shall specify the beginning and ending dates of all periods during which the arrearage for support occurred, specify the arrearage for each month, and state that the support is at least 90 days overdue or is overdue in an amount equal to 90 days of support. It shall also certify that the child or children are not recipients, and during the period for which payment is requested, were not recipients, of Aid to Families with Dependent Children and there was no assignment to a state or county agency of support and shall certify on information and belief that there is not current or past action by a district attorney pending for support or support enforcement on the judgment creditor's behalf. The request shall have attached a proof of service showing that copies of the request, the affidavit, and the abstract or certified copy of the judgment ordering the payment of support have been served on the judgment debtor and the district attorney of the county in which the support judgment is entered. Service shall be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service. This subdivision does not apply in any instance in which a district attorney initiated or participated as counsel in the action for support or if support is required to be paid through a district attorney's office. The Department of Child Support Services shall, upon request, inform the Legislature of the use and effect of this subdivision on or before December 31, 2000. This subdivision shall become operative on January 1, 1996, and shall become inoperative on December 31, 2000.
(e) For purposes of this section, "support" means an obligation owing on behalf of a child, spouse, or family, or combination thereof.
Plain-English Summary
This section starts the Article 8 procedure rolling. The creditor files an abstract or certified copy of the money judgment, plus an affidavit stating that the creditor wants this article's relief and stating the exact amount currently needed to satisfy the judgment. The creditor can also add facts helpful for identifying the debtor. After filing with the public entity, the creditor must promptly serve notice of that filing on the debtor, personally or by mail.
Subdivisions (c) and (d) build in a faster track for child, spousal, or family support. A local child support agency enforcing support under Family Code § 17400 can file just the affidavit, without an abstract, for claims against state agencies including Franchise Tax Board refunds or lottery winnings, and can combine multiple debtors into a single affidavit rather than filing separately for each. A support creditor pursuing tax refunds or lottery winnings directly can instead ask the court to issue a Notice of Support Arrearage under § 708.780, backed by a detailed sworn statement of the arrearage and proof of service on the debtor and the district attorney.
These support-specific provisions exist because support debts often need faster, less document-heavy enforcement than an ordinary money judgment, especially when the target is a recurring government payment like a tax refund or lottery prize.
Frequently Asked Questions
What must a creditor file to start collecting a public entity's debt to the debtor?
An abstract or certified copy of the money judgment, together with an affidavit stating the creditor wants this article's relief and the exact amount needed to satisfy the judgment.
Does the creditor have to notify the debtor after filing?
Yes, promptly after filing with the public entity, the creditor must serve notice of the filing on the debtor, personally or by mail.
Is there a simpler filing process for child support arrears?
Yes. A local child support agency enforcing support under Family Code § 17400 can file just the affidavit, without an abstract, and can include multiple debtors in one affidavit.
How can a support creditor reach a debtor's tax refund or lottery winnings directly?
By requesting the court issue a Notice of Support Arrearage under § 708.780, supported by a detailed sworn statement and proof of service on the debtor and district attorney, as described in subdivision (d).
Amendment History
Amended by Stats 2000 ch 808 (AB 1358), s 18, eff. 9/28/2000.
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: filing judgment against public entity californiachild support arrears state refund california