California Motion for Satisfaction of Money Judgment by Judicial Sale

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US-03261BG
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A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

How Long Is A Judgment Valid. You have 10 years to enforce your judgment. But, if you cannot collect the whole judgment in that time, you can get 10 more years to collect the debt. File a form called Application For and Renewal of Judgment (EJ -190) and Notice of Renewal of Judgment (EJ-195) .

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.

Step 1: Complete the Form. The Judicial Council form commonly used in this procedure is: ... Step 2: Make Copies. Make photocopies of your unsigned Acknowledgment of Satisfaction of Judgment (EJ-100). Step 3: Notarize Your Forms. ... Step 4: Have your Acknowledgement Served. ... Step 5: Filing.

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).

For the sheriff to do this, you first need to get a Writ of Execution from the court. This directs the sheriff to enforce your judgment (try to collect the money). Once you have a Writ, you'll then need to fill out more forms that include written instructions to the sheriff that say where to collect the money.

Money judgments automatically expire (run out) after 10 years.

In California, a debtor has the right to file an ?order to show cause? in court, which can be used to contest the renewal of judgment and ask the court to set it aside if the creditor failed to follow the proper procedures, or if the judgment is no longer enforceable.

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California Motion for Satisfaction of Money Judgment by Judicial Sale