(a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for possession or sale. If amounts due under the judgment are not satisfied pursuant to the writ of possession or sale, the judgment creditor may use a writ of execution to satisfy any money judgment included in the judgment after the writ of possession or sale has been returned or 180 days after its issuance, whichever is earlier. If the judgment creditor does not desire issuance of a writ of possession or sale (because possession has been voluntarily surrendered, the secured obligation has been voluntarily satisfied, or other reason), a writ of execution may be issued to satisfy any money judgment included in the judgment.
§ 712.040.Writ of Execution; Remedies Provided In Chapter 5 Or Chapter 6
Title 9. Enforcement of Judgments · Division 3 · Chapter 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 712.040 lets a creditor use a writ of possession or sale as a writ of execution to reach any money judgment included in the same judgment, and confirms that wage garnishment and other enforcement remedies remain available regardless, except that sale-judgment money awards may only be enforced as the court orders.
Full Text of § 712.040
(b) Whether or not a writ of possession or sale has been issued, enforced, or returned, the judgment creditor may use any available remedies provided by Chapter 5 (commencing with Section 706.010) or Chapter 6 (commencing with Section 708. 010) of Division 2 to satisfy any money judgment included in the judgment.
(c) Notwithstanding subdivisions (a) and (b), if so ordered in a judgment for sale, a money judgment included in the judgment may only be enforced as ordered by the court.
Plain-English Summary
Many possession and sale judgments include a money component alongside the property award, and this section explains how to collect it. Subdivision (a) lets the writ of possession or sale double as a writ of execution against that money judgment. If the money portion still isn't satisfied, the creditor can switch to an ordinary writ of execution once the writ of possession or sale is returned, or 180 days after it issued, whichever comes first. A creditor who doesn't even want the writ of possession or sale — because the debtor already gave up the property voluntarily, say — can go straight to a writ of execution instead.
Subdivision (b) makes clear this isn't the creditor's only option. Wage garnishment under Chapter 5 (§ 706.010) and the other enforcement remedies of Chapter 6 (§ 708.010) stay available for the money judgment no matter what's happened with the writ of possession or sale.
Subdivision (c) carves out one exception: for a judgment for sale specifically, if the court has so ordered, the money judgment included in it can only be enforced the way the court directs — not through these general-purpose remedies.
Frequently Asked Questions
Can a writ of possession or sale collect a money judgment too?
Yes. Section 712.040(a) lets it function as a writ of execution against any money judgment included in the same judgment.
What if the creditor doesn't want to pursue the property at all?
The creditor can go directly to a writ of execution for the money judgment instead of seeking a writ of possession or sale.
Can a creditor still garnish wages while enforcing a possession judgment?
Yes, § 712.040(b) preserves the wage-garnishment remedies of Chapter 5 and the other remedies of Chapter 6 regardless of the writ of possession or sale's status.
Is there an exception for judgments ordering a sale of property?
Yes. If the judgment for sale so orders, the money judgment it includes may only be enforced as the court directs.
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: writ of execution money judgment californiacollecting money judgment with writ of possession