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Collecting a judgment in California against a judgment debtor with aliases

by Stan Burman

Collecting a judgment in California against a judgment debtor with aliases is the topic of this blog post.

Collecting a judgment in California against a judgment debtor with aliases can be challenging. However the law in California provides for a solution.

The solution to collecting a judgment in California against a judgment debtor with aliases is preparing and filing an affidavit of identity.  This is a very useful method that can be used by judgment creditors in California to collect a judgment against a judgment debtor who uses one or more aliases without the need to file a motion to amend the judgment, and without notice or a hearing.

However an affidavit of identity can only be used in certain specified situations which are detailed in the California Code of Civil Procedure.

Proper use of the affidavit of identity can make the difference between collecting and not collecting on an unpaid judgment. Judgment recovery professionals in the State of California will certainly agree with the previous statement. I have collected on several California judgments with the use of an affidavit of identity, and have never had an application for an affidavit of identity rejected.

Some of the larger counties in California including Los Angeles and Orange counties, have a specific local form which can be used as the application for an affidavit of identity, and in some cases, the order approving the application as well. However there are over 55 counties in California (58 to be exact) which can make it difficult for judgment creditors that have a judgment entered in a county where there is no local form for an affidavit of identity.

If you are a judgment creditor and can prove to the Court that a judgment debtor(s) are known by additional names which were not listed on the judgment, you can request that the Court issue an abstract of judgment and/or a writ of execution listing the additional names, without notice or a hearing.

The affidavit of identity avoids the time and expense of filing a motion to amend the judgment which would require giving advance notice to the judgment debtor, thus alerting them that the judgment creditor is actively seeking to collect on the unpaid judgment.

I want to point out that the affidavit of identity procedure CANNOT be used in other ways such as attempting to collect against someone who was not listed on the judgment, nor can it be used to collect against any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.

The code section in California that authorizes the issuance of an abstract of judgment listing additional names is Code of Civil Procedure § 674 (c)(1) which states that,

"The abstract of judgment shall be certified in the name of the judgment debtor as listed on the judgment and may also include the additional name or names by which the judgment debtor is known as set forth in the affidavit of identity, as defined in Section 680.135, filed by the judgment creditor with the application for issuance of the abstract of judgment. Prior to the clerk of the court certifying an abstract of judgment containing any additional name or names by which the judgment debtor is known that are not listed on the judgment, the court shall approve the affidavit of identity. If the court determines, without a hearing or a notice, that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the additional names of the judgment debtor, the court shall authorize the certification of the abstract of judgment with the additional name or names. (2) The remedies provided in Section 697.410 apply to a recorded abstract of a money judgment based upon an affidavit of identity that appears to create a judgment lien on real property of a person who is not the judgment debtor. "

Affidavit of identity is defined in Code of Civil Procedure § 680.135 which states that,

"Affidavit of Identity" means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor's additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor."

The code section in California that authorizes the issuance of a writ of execution listing additional names is Code of Civil Procedure § 699.510 (c) which states that,

(1)“The writ of execution shall be issued in the name of the judgment debtor as listed on the judgment, except that the judgment creditor shall omit the name of a judgment debtor from the application for a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment, including either of the following occurrences:

(A) The judgment debtor has obtained a discharge of the judgment pursuant to Title 11 of the United States Code and notice thereof has been filed with the court.

(B) The judgment creditor files an acknowledgment of satisfaction of judgment with regard to the judgment debtor pursuant to Chapter 1 (commencing with Section 724.010) of Division 5.”

(2) The writ of execution shall include the additional name or names, and the type of legal entity, by which the judgment debtor is known, as set forth in the affidavit of identity, as defined in Section 680.135, filed by the judgment creditor with the application for issuance of the writ of execution. Prior to the clerk of the court issuing a writ of execution containing any additional name or names by which the judgment debtor is known that are not listed on the judgment, the court shall approve the affidavit of identity. If the court determines, without a hearing or a notice, that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the additional names of the judgment debtor, the court shall authorize the issuance of the writ of execution with the additional name or names."

Sample affidavit of identity for collecting on a judgment in California against a judgment debtor with aliases for sale.

Attorneys or parties in California that would like to view a portion of an 8 page sample affidavit of identity and order to issue a writ of execution and an affidavit of identity and order to issue an an abstract of judgment containing any additional name(s) by which the judgment debtor is known including brief instructions, citations to the statutory authority along with a sample declaration and proposed order sold by the author can see below.

Sample Affidavit of Identity for California by Stan Burman on Scribd

 

 

The author of this blog post, Stan Burman, has collected California judgments since 1992, and is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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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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