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Partial satisfaction of judgment demand in California

by Stan Burman

A partial satisfaction of judgment demand in California is the topic of this blog post.

A partial satisfaction of judgment demand in California can be used by any judgment debtor that has partially satisfied the judgment in a situation where the judgment creditor has failed to file a partial satisfaction of judgment.

Law authorizing a partial satisfaction of judgment demand in California.

A partial satisfaction of judgment demand 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.”

Deadline to comply with a partial satisfaction of judgment demand in California.

The judgment creditor must comply with a written partial satisfaction of judgment demand in California 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.

Sample partial satisfaction of judgment demand in California available in Microsoft Word format.

Attorneys or parties that would like to view a sample partial satisfaction of judgment demand in California in Microsoft Word format created by the author can see below.

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

 

Experienced virtual paralegal available for hire.

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.

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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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