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Amending a limited civil judgment in California

by Stan Burman

Amending a limited civil judgment in California is the topic of this blog post. 

Amending a limited civil judgment in California requires filing a motion pursuant to Code of Civil Procedure section 582.5 to amend the terms and conditions for payment of the judgment.

I want to stress that this code section only applies to limited civil judgments, where the principal amount of the lawsuit did not exceed $25,000.00, not including accrued interest, attorney’s fees and Court costs.

Filing a motion under Code of Civil Procedure section 582.5 allows a defendant who has had a limited civil judgment entered against them to file a motion with the Court to request that the Court amend the judgment to allow them to pay the judgment in installment payments.

Code of Civil Procedure § 582.5 states that, " In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties, regardless of the nature of the underlying debt and regardless of whether the moving party appeared before entry of the judgment or order. In any determination regarding the imposition of terms and conditions upon the payment of the judgment, the court shall consider any factors that would be relevant to the determination of a claim for exemption pursuant to Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 or the examination of a debtor pursuant to Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9."

Note that the code section states that does not matter what the nature of the underlying debt is, or whether the defendant answered the lawsuit or not. This is very advantageous to a defendant considering the current state of the economy as the Court must consider any factors that relate to a claim for exemption.

As there are numerous exemptions in California most defendants should be able to successfully amend a limited civil judgment and obtain a monthly payment amount that they can live with. It should also be stressed that the exemption statutes are liberally construed in favor of the claimant. This means that a Judge is supposed to give the person claiming the exemption the benefit of the doubt.

Additionally, once the Court amends the judgment to allow for installment payments, as long as the defendant makes their monthly payments on time the plaintiff cannot levy on their bank account, garnish their wages, or take any other action without obtaining permission of the Court.

Attorneys or parties in the State of California who wish to view a portion of a sample motion to amend the terms and conditions for payment of a limited civil judgment containing a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service for sale by the author can use the link shown below.

www.scribd.com/doc/47161105/Sample-Motion-to-Amend-Judgment-for-California

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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