Compelling a satisfaction of judgment in California is the topic of this blog post.
Compelling a full satisfaction of judgment in California can be requested when a judgment debtor has satisfied a judgment in full, has served a written demand for full satisfaction of judgment on the judgment creditor, and the judgment creditor without just cause has refused to comply.
Law authorizing compelling a satisfaction of judgment in California.
Compelling a satisfaction of judgment in California is authorized by Code of Civil Procedure section 724.050(d) which states that, “If the judgment creditor does not comply with the demand within the time allowed, the person making the demand may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of the judgment.”
The judgment debtor may also be awarded actual and statutory damages pursuant to Code of Civil Procedure section 724.050(e) which states, “If the judgment has been satisfied and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person. Liability under this subdivision may be determined in the proceedings on the motion pursuant to subdivision (d) or in an action.”
Note that actual damages could include higher interest rates that the judgment debtor is paying, the fact that they have been denied loans and other similar damages. Damages to credit reputation can be recovered as long as they are can be substantiated.
The prevailing party on the motion can be awarded reasonable attorney’s fees under Code of Civil Procedure section 724.080 which states that, “In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party.”
The party filing the motion to compel satisfaction of judgment should be sure to include all of the facts and evidence supporting their motion such as proof of payment such as cancelled check/cashiers check, etc., copy of their written demand as well as evidence supporting their requests for damages and reasonable attorney’s fees.
Sample motion for an order compelling a full satisfaction of judgment in California for sale.
Attorneys or parties in California that would like to view a portion of a 15 page sample motion to compel satisfaction of judgment in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations and proof of service sold by the author can use the link shown below.
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.
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.
Follow the author on Twitter at: https://twitter.com/LegalDocsPro
If you would like to subscribe to his newsletter click on the following link: freeweeklylegalnewsletter.gr8.com/
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.