Demanding a partial satisfaction of judgment in California is the topic of this blog post.
Demanding a partial satisfaction of judgment in California requires that the judgment debtor serve a formal demand that the judgment creditor execute and file a partial satisfaction of judgment. This demand can be served by a judgment debtor that has partially satisfied the judgment when the judgment creditor has failed to file a partial satisfaction of judgment.
Law authorizing demanding a partial satisfaction of judgment in California.
Demanding a partial satisfaction of judgment in California is authorized by Code of Civil Procedure section 724.110 which states that,
“(a)The judgment debtor or the owner of real or personal property subject to a judgment lien created under a money judgment may serve on the judgment creditor a demand in writing that the judgment creditor execute, acknowledge, and deliver an acknowledgment of partial satisfaction of judgment to the person who made the demand. Service shall be made personally or by mail. If the judgment has been partially satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand.
(b) If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real or personal property subject to a judgment lien created under the judgment 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 partially satisfied and that the judgment creditor has not complied with the demand, the court shall make an order determining the amount of the partial satisfaction and may make an order requiring the judgment creditor to comply with the demand.”
The judgment creditor must comply with a written demand for a partial 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 § 724.110(b) for an order requiring the judgment creditor to comply with the demand.
Although some judgment creditors do timely file a satisfaction of judgment there are some that do not. In those cases sending a written demand for a partial satisfaction of judgment will send a formal notification to the judgment creditor of their legal responsibility.
Attorneys or parties that would like to view a sample demand for a partial satisfaction of judgment in California in Microsoft Word format created 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.
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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.