Abstract of Judgment if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[728,90],'legaldictionary_net-box-3','ezslot_2',113,'0','0'])};__ez_fad_position('div-gpt-ad-legaldictionary_net-box-3-0');
Definition of abstract of judgment, what is an abstract of judgment, effect of an abstract of judgment, writ of garnishment, writ of execution, turnover order, release of an abstract of judgment, abstract of judgment example in a divorce case.
The case was then escalated to the Supreme Court of California. The Court ruled that the trial court should be reversed, but not to Carmel’s benefit. Instead, the Court held that, because the three properties were jointly owned by Donald and Carmel when the abstract of judgment was filed, the Kinneys were entitled to enforce their judgment lien to the fullest extent of the law. Further, the Kinneys were permitted to seek an amount equal to the current value of the properties, rather than their value at the time the interlocutory divorce decree was granted, in order to fully satisfy Donald’s damage judgment.
Related Legal Terms and Issues
- Judgment Enforcement /
What Is an Abstract of Judgment & How to File for It?
Abstract of Judgement in Real Estate
How to file an abstract of judgment in los angeles county ca, full satisfaction of judgment, recording abstract of judgment – instructions, related posts:.
Updated on November 1, 2022
Let’s say you have just won a money judgment in court against a defendant who owed you a sum of money. What do you do next? Winning a money judgment doesn’t mean that you automatically get the money in your account immediately. There are other steps that you need to take to actually collect the money from the person who owes it to you (also known as the debtor).
If you are dealing with a debtor who has money to pay you and is willing to follow the court’s judgment, then collecting the money is easier, as the debtor can just write you a check for the required amount. However, if you are dealing with a debtor who does not appear to have any money to pay you, things get more complicated.
If the debtor does not have money to pay you but owns real property (or if you think the debtor may attempt to purchase real property in the future), you can obtain what is called an Abstract of Judgment . An Abstract of Judgment is a judgment lien against real property that the debtor currently owns, or may try to purchase in the future.
Thus, if the debtor tries to sell or refinance real property she currently owns and you have obtained an Abstract of Judgment against her, she will be forced to pay the money she owes you with interest before completing the real estate transaction she is attempting. If the debtor does not own real property now but tries to purchase real property at some time in the future, the purchase cannot go through until the debtor has paid you back the money owed with interest. In California, interest accrues at a rate of 10% per year from the date of the judgment .
In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ-001). The form asks for information regarding the debtor’s name, last known address, driver’s license number, and the amount of money the debtor owes you. Once the form is filled out, it must be filed with the clerk of the court that issued the original money judgment. Once the clerk of the court has certified that the form is correct, the clerk will stamp it and officially “issue” it. The stamped form is known as the conformed or certified Abstract of Judgment, and it is the legal proof of the money judgment owed to you by the debtor. You will have to pay an issuance fee to the clerk for the issuance of the form.
Once you have the conformed/certified Abstract of Judgment, the original form must be recorded with the recorder’s office in the county where the debtor owns real property. If the debtor owns real property in various counties, be sure to record the Abstract of Judgment in every county where the debtor owns such property. Similarly, if you think the debtor may buy real property in a particular county in the future, record the Abstract of Judgment in that prospective county as well.
A good rule of thumb is to record the Abstract of Judgment in the county where the debtor resides or does business. You will have to pay a recording fee to the recorder’s office for each recording. Once the recorder’s office has recorded the Abstract of Judgment, it officially becomes a lien on the real property the debtor owns in the county now or may acquire later. The recorder’s office will give the Abstract of Judgment back to you. Be sure to keep this document, as you will need it in the event the debtor pays you back and you have to then complete an acknowledgment of Satisfaction of Judgment.
The lien created by the recorded Abstract of Judgment continues for 10 years from the date of entry of the money judgment, and can be renewed for additional 10-year periods. When you renew your Abstract of Judgment, you will need to prepare new Abstract of Judgment form with the updated amount owed to you (including any accumulated interest), and you will need to record it in the appropriate county or counties.
Determining whether to file and record an Abstract of Judgment can be difficult, and the actual filing and recording can be confusing if you are not familiar with the process. Additionally, California has a number of exemptions and rules that may affect your ability to collect from a debtor under an Abstract of Judgment. For example, under a homestead exemption, there is a fixed amount of value that cannot be used to satisfy the money judgment if the property at issue is the debtor’s primary residence. The existence of other liens, or foreclosure or bankruptcy proceedings can also complicate matters. If you are considering obtaining an Abstract of Judgment, talk to a LA real estate attorney .
At Schorr Law , our top real estate attorneys in los angeles are experienced in handling Abstracts of Judgment, including preparation, filing, and recording, and we can provide counsel on a range of matters involving real property judgment liens. To see if you qualify for a free 30-minute consultation regarding your matter, please contact us.
Contact Our Real Estate Attorneys.
More Options
- Name Search
- Browse Legal Issues
- Browse Law Firms
- FindLaw /
- Codes /
- California /
- Code of Civil Procedure /
California Code, Code of Civil Procedure - CCP § 673
Current as of January 01, 2019 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law .
Search California Codes
Search by keyword or citation.
(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.
(b) An acknowledgment of assignment of judgment shall contain all of the following:
(1) The title of the court where the judgment is entered and the cause and number of the action.
(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.
(3) The name and address of the judgment creditor and name and last known address of the judgment debtor.
(4) A statement describing the right represented by the judgment that is assigned to the assignee.
(5) The name and address of the assignee.
(c) The acknowledgment of assignment of judgment shall be:
(1) Made in the manner of an acknowledgment of a conveyance of real property.
(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.
(d)(1) If an acknowledgment of assignment of judgment purports to be executed or acknowledged by an authorized agent of the judgment creditor or an authorized agent of a prior assignee of record, then documentation sufficient to evidence that authorization shall be filed together with the acknowledgment of assignment of judgment.
(2) Notwithstanding paragraph (1), an assignee of a right represented by a judgment may also become an assignee of record by filing with the clerk of the court that entered judgment a court order or other documentation that evidences assignment of judgment by operation of law .
Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 673 - last updated January 01, 2019 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-673/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Latest Blog Posts
- Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting'
- The Onion Joins Free-Speech Case Against Police as Amicus
- How to Break Up With a Client
- Bumpy Road Ahead for All in Adoption of AI in the Legal Industry
- Legislature Home
- House of Representatives
- Find Your District Find Your District
- Laws & Agency Rules
- Bill Information
- Agendas, Schedules, and Calendars
- Legislative Committees
- Coming to the Legislature
- Civic Education
- Legislative Agencies
- Legislative Information Center
- Email Updates (GovDelivery)
- View All Links
- Main Sections
- Agendas, Schedules, & Calendars
- View all links
PDF RCW 4.56.090
Assignment of judgment — filing..
- Let Your Voice Be Heard
- Come to the Legislature
- Contact Your Legislators
- Comment on a Bill
- Participate in Committee Hearings
- Committee Meeting Schedules & Agendas
- District & Legislators
- Laws & Rules
- Member Information / Rosters
- Video & Audio on TVW
- About the Legislature
- Track Legislation
- Web Services
- Additional Information
- Accessibility Information
- Comments about this site
- Employment Opportunities
- Gift Center
- Glossary of Terms
- History of the State Legislature
- Privacy Notice
- Reports to the Legislature
- Outside the Legislature
- Contact Congress - the Other Washington
- Governor's Website
- OFM Fiscal Note Website
- Washington Courts
IMAGES
VIDEO
COMMENTS
An abstract of judgment is a document created by a court that shows detailed information about a judgment rendered in court. The abstract of judgment lists the date of the judgment and the amount, as well as contact information for both the debtor and the creditor.
After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The court does not collect judgments; the prevailing party is responsible for all collection efforts. However, the court may issue a variety of orders and other documents that may be used to collect your judgment from the debtor. 1.
In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ-001). The form asks for information regarding the debtor’s name, last known address, driver’s license number, and the amount of money the debtor owes you.
The procedure for Assignments of Judgment in the Fairfax General District Court is as follows: The request for entry of the assignment in the court's records should be made by Praecipe referencing the case number and the names of the Plaintiff and Defendant as set forth in the original judgment.
The Amendment to Abstract of Judgment shall contain all of the information required by this section or by Section 4506 of the Family Code, and shall set forth the date of recording and the book and page location in the records of the county recorder of the original abstract of judgment.
(b) An acknowledgment of assignment of judgment shall contain all of the following: (1) The title of the court where the judgment is entered and the cause and number of the action. (2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.
When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such assignment: PROVIDED, That such …