If money is owing and unpaid to the judgment debtor by a public entity other than a state agency, the judgment creditor shall file the abstract or certified copy of the judgment and the affidavit with the auditor of the public entity or, if there is no auditor, with the official whose duty corresponds to that of auditor. To discharge the claim of the judgment debtor, the auditor or other official shall (1) deposit with the court by a warrant or check payable to the court, the amount due the judgment debtor (after deducting an amount sufficient to reimburse the public entity for any amounts advanced to the judgment debtor or owed by the judgment debtor to the public entity) required to satisfy the money judgment as shown by the affidavit in full or to the greatest extent and (2) pay the balance thereof, if any, to the judgment debtor.
§ 708.750.Filing Abstract Or Copy of Judgment and Affidavit With Auditor of Public Entity
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 · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.750 requires a creditor collecting money owed by a public entity other than a state agency to file the abstract and affidavit with that entity's auditor, who must deduct amounts the debtor owes the entity, deposit the amount needed to satisfy the judgment with the court, and pay any remaining balance to the debtor.
Full Text of § 708.750
Plain-English Summary
This section is the local-government counterpart to § 708.740. When the money owed to the debtor comes from a public entity that is not a state agency, such as a city, county, or district, the creditor files the abstract and affidavit with that entity's auditor, or whichever official performs the auditor's role if the entity has none.
The auditor then handles the funds the same way the Controller does under § 708.740: subtract anything the debtor owes the entity, deposit with the court whatever is needed to satisfy the judgment, in full or as far as available funds reach, and pay any leftover balance to the debtor.
Frequently Asked Questions
Where does a creditor file when the debt is owed by a local government rather than a state agency?
With the auditor of the public entity, or the official performing that role if the entity has no auditor.
What does the auditor do with the money after the filing?
Deducts amounts the debtor owes the entity, deposits with the court what is needed to satisfy the judgment, and pays any balance to the debtor.
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: auditor deposit judgment debt californialocal public entity owes judgment debtor