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Collecting a sanctions order in California

by Stan Burman

Collecting a sanctions order in California.

Collecting a sanctions order in California is the topic of this blog post. 

Collecting a sanctions order in California is an excellent tool and can be used for a wide variety of sanctions orders such as,

  • Discovery sanctions,
  • Sanctions from an Anti-SLAPP Motion also known as a special motion to strike, or
  • Other monetary sanctions that can be ordered by a court in the State of California.

Some attorneys and other legal professionals are not even aware that a sanctions order against a party or opposing counsel is enforceable in the same way as a money judgment meaning that a writ of execution may be issued by the court and levied on the property of the person sanctioned. See Code of Civil Procedure §§ CP 680.230, 680.270, 699.510; see also Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal. App. 4th 608, 615, (citing text).

Some attorneys are not aware that a sanctions order can be enforced by execution and will first request that the sanctioned party be held in contempt for failure to pay.  

Some judges tend to prefer that the sanctions be collected by execution procedures first, and will only consider contempt proceedings for collection purposes until after other methods such as execution have been attempted and failed.

Another alternative is to ask the court for a judgment based on the sanctions order, and then record an abstract of judgment. This will create a judgment lien on the sanctioned party's or attorney’s home or other assets. To obtain an abstract of judgment, a specific order directing issuance of a judgment is required in some courts to prevent harassing opposing parties in situations in which the sanctions are likely to be paid.

Other methods that are available for collecting on a sanctions order in California are:

Examination of the Judgment Debtor.

Third Party Examination.

Creditor's Suit.

Charging Order against Partnership or Limited Liability Companies.

Filing a Lien in a pending action or other proceeding involving the sanctioned party, or their attorney

Assignment Order.

Turnover Order.

There are numerous ways for collecting a sanctions order in California.  I want to stress that because the sanctions order is considered the same as a money judgment the sanctions order is enforceable for ten (10) years and may be renewed in the same manner as a money judgment.

The sanctions order also accrues simple interest at the rate of ten percent (10%) per year which is the same interest rate as a money judgment. To use an example a sanctions order that is six (6) years old has increased by sixty percent (60%). 

Any attorneys and law firms that have numerous sanctions orders outstanding should review all current and previous sanctions orders to determine if there is any chance of collecting the sanctions order.

Sample request to enforce a sanctions order in California for sale.

Attorneys or parties in California that would like to view a portion of a 7 page sample request to enforce a sanctions order that includes brief instructions, a sample declaration with brief cites to case law and statutory authority, proof of service by mail and judgment sold by the author can see below.

Sample Request for Enforcement of Sanctions Order in California by Stan Burman on Scribd

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

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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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