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Demanding a full satisfaction of judgment in California

by Stan Burman

Demanding a full satisfaction of judgment in California is the topic of this blog post.

Demanding a full satisfaction of judgment in California is an excellent way to give a formal notification to the judgment creditor of their legal responsibility. Although most judgment creditors do timely file a satisfaction of judgment there are some that do not. In those cases you should send a formal letter demanding a full satisfaction of judgment.

Law that authorizes demanding a full satisfaction of judgment in California.

Demanding a full satisfaction of judgment in California is authorized by the provisions of Code of Civil Procedure section 724.030 which states in pertinent part that, “When a money judgment is satisfied, the judgment creditor immediately shall file with the court an acknowledgment of satisfaction of judgment.”

If an abstract of judgment has been recorded the judgment debtor can also demand that the judgment creditor comply with the provisions of Code of Civil Procedure § 724.040 which states that, “If an abstract of a money judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor shall immediately do both of the following: (a) File an acknowledgment of satisfaction of judgment with the court. (b) Serve an acknowledgment of satisfaction of judgment on the judgment debtor. Service shall be made personally or by mail.”

Deadline for complying with written notice demanding a full satisfaction of judgment in California.

The judgment creditor must comply with a written demand for a full satisfaction of judgment within 15 days of receiving the written demand.

If the judgment creditor fails to comply the judgment debtor can file a noticed motion under Code of Civil Procedure § 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.”

Code of Civil Procedure § 724.050(e) states that, “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.”

Damages requested can include all actual damages suffered, including but not limited to, damages resulting from damage to credit reputation.

And a judgment creditor cannot require that a judgment debtor perform any act or pay any amount in excess of that required to satisfy the judgment under the provisions of Code of Civil Procedure § 724.070(a) which states that, “If a judgment creditor intentionally conditions delivery of an acknowledgment of satisfaction of judgment upon the performance of any act or the payment of an amount in excess of that to which the judgment creditor is entitled under the judgment, the judgment creditor is liable to the judgment debtor for all damages sustained by reason of such action or two hundred fifty dollars ($250), whichever is the greater amount.”

Sample letter demanding a full satisfaction of judgment in California in Microsoft Word format.

Attorneys or parties that would like to view a sample demand for full satisfaction of a judgment in California in Microsoft Word format created by the author can use the link shown below.

Sample Demand for Full Satisfaction of Judgment in California by Stan Burman on Scribd

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. 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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