Judgment Against Property With Lien In Contra Costa
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Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
For the most part, whether a lien is a "property lien" or a "judgment lien" depends on how the creditor got the lien. Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
If you put liens on the other side's property, you or the other side must remove them. To remove a lien, file a certified copy of the Acknowledgment of Satisfaction of Judgment (form EJ-100) with each county recorder's office where you put the lien on their property.
If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date. This means that it is possible to no longer have a judgment against you, but still have a judgment lien on your property.
Once a Notice of State Tax Lien is recorded or filed against you, the lien: Becomes public record. Attaches to any California real or personal property you currently own or may acquire in the future. Is effective for at least 10 years (may be extended)
Background. Step by Step Instructions. Ask the claimant to release the lien. Obtain a certified copy of the lien. Prepare the required court documents. Copy and assemble the documents. For More Information. On the Web. At the Law Library. Samples. Civil Case Cover Sheet. Notice of Hearing. Petition for Release of Lien.
In other words, in California judgments expire 10 years from the date they are entered by the court. Upon expiration of the 10-year period, all enforcement procedures must cease; any liens based upon the judgment are automatically extinguished.
