California Release of Judgment Lien on Properties and Assets of Defendant

State:
Multi-State
Control #:
US-00972BG
Format:
Word; 
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Description

A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."


Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.

How to fill out Release Of Judgment Lien On Properties And Assets Of Defendant?

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FAQ

If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.

The creditor can foreclose on the judgment lien property. ingly, the judgment creditor needs to find the debtor's assets, then get the aide of the court to make the judgment lien attach to that asset and then foreclose on that asset.

If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.

Money judgments automatically expire (run out) after 10 years. To prevent this from happening, you as the judgment creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.

In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.

If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).

Your Judgment (the court order saying what you're owed) expires in 10 years. This means you cannot collect on it after 10 years. To avoid this, you can ask the court to renew it.

Options Invalidate the lien. If the lien is invalid or was obtained in a manner that doesn't follow the procedural requirements under the law, an attorney may be able to strip the lien from the property. ... Satisfy the debt. This is the simplest way to have the lien cleared. ... Negotiate a lower payoff. ... File for bankruptcy.

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California Release of Judgment Lien on Properties and Assets of Defendant