A chose in action is essentially a right to sue. It is an intangible personal property right recognized and protected by the law, that has no existence apart from the recognition given by the law, and that confers no present possession of a tangible ob
California Assignment of Money Judgment
Category:
State:
Multi-State
Control #:
US-0422BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Assignment Of Money Judgment?
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FAQ
By definition, when there is an assignment of a judgment, the assignee becomes the party in interest and the assignor has no further interest in the action or the enforcement of the judgment.
A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
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.
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.
Small Claims: You must wait 30 days after the Judgment is entered or mailed to collect your small claims judgment1. This gives the defendant the opportunity to appeal. There is no longer a wait time after an appeal. If the defendant appears at the hearing and lost, he or she has 30 days to file for an appeal.
Money judgments automatically expire (run out) after 10 years.
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).
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
