acknowledgement of assignment of judgment california

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How to Assign a California Judgment?

On Behalf of The Law Offices of Ronald P. Slates, P.C. | Jul 31, 2022 | Debt Collection

Under California law, a judgment creditor may assign a judgment to a third person. Cal. Civ.Code 954. “In doing so, the judgment creditor assigns the debt upon which the judgment is based … Through such an assignment, the assignee ordinarily acquires all the rights and remedies possessed by the assignor for the enforcement of the debt, subject, however, to the defenses that the judgment debtor had against the assignor.” Great W. Bank v. Kong, 90 Cal. App.4th 28, 108 Cal.Rptr.2d 266, 268 (2001) (internal citations omitted). An assignment carries the legal title to the judgment; “the transfer of the title does not depend upon the fact of there being a valuable consideration.” Curtin v. Kowalsky, 145 Cal. 431, 78 P. 962, 963 (1904)”

The person assigning the judgment (the seller) to you (the buyer) must sign the form in the presence of a notary. The form must be signed and stamped by the notary. Once this is done, the form becomes the original that the court needs. Make one copy of it if you are bringing it to the court, and two copies if you are mailing to the court (in case the original gets lost in the mail). Under CCP § 673(b), “an acknowledgment of assignment of judgment shall contain all of the following:

• The title of the court where the judgment is entered and the cause and number of the action.
• The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.
• The name and address of the judgment creditor and name and last known address of the judgment debtor.
• A statement describing the right represented by the judgment that is assigned to the assignee.
• The name and address of the assignee.”

Be sure to serve a copy of the Acknowledgement to the Judgment debtor. For more information on commercial collections and Judgment enforcement, contact the Law Offices of Ronald P. Slates today.

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§ 673 Form 1. Judgment—Acknowledgment of assignment of judgment | Secondary Sources | Westlaw

§ 673 Form 1. Judgment—Acknowledgment of assignment of judgment

Cacf-cvp § 673 form 1 gregory l. ogden and daryl fisher-ogden, gregory l. ogden and daryl fisher-ogden west's california code forms with commentaries, civil procedure  (approx. 3 pages).

California Code of Civil Procedure Section 673

(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

(b) An acknowledgment of assignment of judgment shall contain all of the following:

(1) The title of the court where the judgment is entered and the cause and number of the action.

(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.

(3) The name and address of the judgment creditor and name and last known address of the judgment debtor.

(4) A statement describing the right represented by the judgment that is assigned to the assignee.

(5) The name and address of the assignee.

(c) The acknowledgment of assignment of judgment shall be:

(1) Made in the manner of an acknowledgment of a conveyance of real property.

(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.

(d) This section is in addition to, and does not limit or restrict, any other means by which an assignee may become an assignee of record.

(Added by Stats. 1982, Ch. 497, Sec. 38. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

Last modified: October 25, 2018

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2019 California Code of Civil Procedure 673 – (a) An assignee of a right represented by a judgment may become …

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(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

(b) An acknowledgment of assignment of judgment shall contain all of the following:

(1) The title of the court where the judgment is entered and the cause and number of the action.

(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.

(3) The name and address of the judgment creditor and name and last known address of the judgment debtor.

(4) A statement describing the right represented by the judgment that is assigned to the assignee.

(5) The name and address of the assignee.

(c) The acknowledgment of assignment of judgment shall be:

(1) Made in the manner of an acknowledgment of a conveyance of real property .

(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.

(d) This section is in addition to, and does not limit or restrict, any other means by which an assignee may become an assignee of record.

(Added by Stats. 1982, Ch. 497, Sec. 38. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

CA Civ Proc Code Section 681.020

Source: Section 681.020 , https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=681.­020.­ .

Aug. 19, 2023

§ 681.020’s source at ca​.gov

Blank Outline Levels

The legislature occasionally skips outline levels. For example:

In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.

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Enforcement of Judgments

After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The court does not collect judgments; the prevailing party is responsible for all collection efforts. However, the court may issue a variety of orders and other documents that may be used to collect your judgment from the debtor.

There are several steps that may need to be taken prior to starting your collection efforts.

Locate the Judgment Debtor

Before any collection efforts may begin, the judgment debtor must be located. Soon after the entry of judgment, this may be an easy task. However, as time passes, it can become increasingly difficult to locate the judgment debtor. For tips on how to do this, see our Legal Research Guide on Finding People and Businesses .

Determine the Debtor’s Assets

It is important to have information about the debtor’s assets, so that the judgment creditor can select the enforcement method(s) that will be the most effective.

An Order of Examination, also called a Debtor’s Examination, is a formal court proceeding during which a judgment creditor may question the judgment debtor about their income and property, to determine what assets are available to the creditor for collection of a judgment.

For More Information Get Information About the Debtor’s Assets , from the California Courts Self-Help Website 

Sample Questions to Ask a Debtor , from the California Courts Self-Help Website

Orders of Examination , from the Sacramento County Superior Court’s Website

Debtor’s Examination , Step-by-Step guide from the Sacramento County Public Law Library

Calculate the Amount Owed

Before beginning enforcement procedures, a judgment creditor must determine the amount currently owed. Unless the judgment debtor promptly pays the judgment in full, the judgment amount ordered by the court is rarely the final amount paid to the judgment creditor. A judgment creditor is entitled to reimbursement of any post-judgment costs, such as the costs associated with enforcing the judgment (including the cost of issuing the Writ of Execution, Levying Officers’ fees, fees for the Application for Order for Appearance of Judgment Debtor, etc.). Additionally, unpaid judgment amounts accrue interest at the legal rate of 10% per year.

Judgment Calculator The San Diego Superior Court provides this free online program that calculates the amount due on a specific day. Just input the judgment amount, date, and payment history, and the program does all the calculations for you.

For More Information

Memorandum of Costs , Step-by-Step guide from the Sacramento County Public Law Library

Begin Your Collection Efforts

There are numerous ways a judgment creditor may collect from a judgment debtor. The method(s) used depend on the judgment debtor’s assets. Below is information about several common enforcement methods.

Collecting from Wages (Earnings Withholding Order)

If the judgment debtor is employed, the judgment creditor may garnish up to 25 percent of the amount over the federal minimum wage that the debtor earns until the judgment is paid in full.

For More Information Collect Your Judgment , from the California Courts Self-Help Website Collect Your Judgment from the Debtor’s Paycheck , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Wage Garnishment ,  Step-by-Step guide from the Sacramento County Public Law Library

Sacramento Sheriff Civil Bureau, Civil Process Types and Fees Provides details of the procedures and required documents. Click on “Earnings Withholding Order” for more information.

Collecting Money from a Bank Account (Bank Levy)

If the judgment debtor has a bank account or safe deposit box, the judgment creditor may be able to take money from the account or seize the contents of the box.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website

Collect Your Judgment from the Debtor’s Bank Account , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Bank Levy , Step-by-Step guide from the Sacramento County Public Law Library

Placing a Lien on Real Property

If the judgment debtor owns real property, the judgment creditor may place a lien on the property. If the debtor tries to sell or refinance the property, the creditor will be paid the judgment amount plus accrued interest from the escrow. In some situations, it may also be possible to “foreclose” on the judgment lien, and force the sale of the property. This is only an option is there is enough equity in the property to pay all existing liens and exemptions, as well as the costs of foreclosure.

Collect from the Debtor’s Property , from the California Courts Self-Help Website

Placing a Judgment Lien , Step-by-Step guide from the Sacramento County Public Law Library

Judgment Liens on Property in California , an article from Nolo Press

Placing a Lien on Personal Property

A judgment creditor can have the sheriff take the debtor’s personal property and sell it at public auction to pay the debt. This can be any type of property, such as jewelry, computers or other electronic equipment, musical instruments, coin collections, etc. This is an expensive process, though, so unless the property is extremely valuable, it is rarely worthwhile.

Notice of Judgment Lien , from the California Secretary of State

Placing a Lien on a Lawsuit the Debtor Has Against Someone Else

If the judgment debtor has a lawsuit against someone else, the judgment creditor may place a lien on the money the debtor hopes to recover if he or she wins that lawsuit.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website 

Placing a Till Tap or Keeper

If the judgment debtor is a business or the sole proprietor of a business, the sheriff may visit the business and take all money on the premises to pay the judgment and the sheriff’s fee. The sheriff’s department may also station a deputy near the cash register, and take possession of all funds as they come in.

For More Information More Ways to Collect , from the California Courts Self-Help Website

Suspending the Debtor’s Real Estate, Contractor’s, or Driver’s License

If the judgment is related to a license, (e.g., a car accident is related to a driver’s license; construction defects are related to a contractor’s license), the judgment creditor may be able to have the judgment debtor’s license suspended.

Unsatisfied Judgments , from the Department of Motor Vehicles Judgments over $1000 , $750 if judgment issued prior to Jan. 1, 2017 Judgments under $1000 , $750 if judgment issued prior to Jan. 1, 2017

Suspending a Driver License to Force Payment ,  from the Los Angeles County Department of Consumer Affairs

Civil Judgments ,  Contractors State License Board Consumer Recovery Account , California Department of Real Estate

Obtaining a Seizure, Turnover, or Assignment Order

A seizure order allows the sheriff to take property from a private residence, while a turnover order requires the judgment debtor to give the property to the sheriff. These orders are most commonly used for large, expensive items, such as pianos, boats, or stereo systems. An assignment order requires the debtor to assign ongoing payments, such as sales commissions or rents, to the judgment creditor.

Renew the Judgment if Necessary

Money judgments automatically expire after 10 years, unless the judgment creditor renews the judgment before it expires. A judgment may be renewed for another 10 years, and renewed repeatedly until it is paid in full. Expired judgments cannot be enforced, so judgment creditors must be careful to renew judgments in a timely manner.

For More Information Renew Your Judgment , from the California Courts Self-Help Website

Renew Your Judgment , Step-by-Step guide from the Sacramento County Public Law Library 

Once the Judgment is Paid in Full

Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must file an  Acknowledgement of Satisfaction of Judgment  (EJ-100) with the court. It must also be filed with the County Recorder’s Office if any liens were placed on real property, and with the Secretary of State’s Office if liens were placed on personal property. If you do not file an Acknowledgment of Satisfaction of Judgment, the judgment debtor may sue you for any damages caused by your failure to file the Acknowledgment, plus $100.

For More Information After the Judgment is Paid , from the California Courts Self-Help Website

After Your Judgment is Paid , Step-by-Step guide from the Sacramento County Public Law Library 

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

News & Insights

California’s post-judgment satisfaction procedure.

• Author: Christopher Schon

Congratulations, you obtained a judgment. Now what? This article takes a step by step approach in analyzing post judgment satisfaction in California.

Step 1 – Satisfaction of Money Judgment

A money judgment may be satisfied by (1) paying the full amount required to satisfy the judgment or (2) the judgment creditor’s acceptance of a lesser sum in full satisfaction of the judgment.  (Cal. Code Civ. Proc. § 724.010, subd. (a).)

Satisfaction by Levy – A judgment creditor’s obligation to give or file an acknowledgement of satisfaction arises only when the judgment creditor received the full amount required to satisfy the judgment from the levying officer.  (Cal. Code Civ. Proc. § 724.010, subd. (b).)

Satisfaction by Check/Other Non-cash Payment – A judgment creditor’s obligation to give or file an acknowledgement of satisfaction of judgment arises only when the check or other form of noncash payment has actually been honored upon presentation for payment.  (Cal. Code Civ. Proc. § 724.010, subd. (c).)

Step 2 – Judgment Creditor’s Duty to File Acknowledgement of Satisfaction of Judgment

Money Judgment Satisfied – When a money judgment is satisfied, a judgment creditor immediately shall file with the court an acknowledgement of satisfaction of judgment.  However, this does not apply if the judgment is satisfied in full pursuant to a writ.  (Cal. Code Civ. Proc. § 724.030.)

Abstract of Judgment Recorded – If an abstract of a money judgment was recorded with the recorder of any county and the judgment is satisfied, the judgment creditor must (1) file an acknowledgement of satisfaction with the court and (2) serve an acknowledgement of satisfaction of judgment on the judgment creditor either personally or by mail.  (Cal. Code Civ. Proc. § 724.040.)

Step 3 – Judgment Debtor’s Rights

Judgment Debtor – The judgment debtor is the owner of real or personal property or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment. (Cal. Code Civ. Proc. § 724.050, subd. (a).)

Money Judgment Satisfied – Once satisfied, the judgment debtor may serve, personally or by mail, a demand in writing on the judgment creditor that the judgment creditor do either of the following:

(1)  File an acknowledgement of satisfaction of judgment with the court; or

(2) Execute, acknowledge, and deliver an acknowledgement of satisfaction of judgment to the person making the demand.

(Cal. Code Civ. Proc. § 724.050, subd. (a).)

Judgment Creditor Duty to Comply – If the judgment has been satisfied, the judgment creditor shall comply with demand no later than 15 days after actual receipt of the demand.  (Cal. Code Civ. Proc. § 724.050, subd. (c).)

Court Intervention – If the judgment creditor fails to comply, the judgment debtor 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 to the judgment creditor personally or by mail.  If the court determines the judgment creditor failed to comply with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the clerk to enter satisfaction of judgment.  (Cal. Code Civ. Proc. § 724.050, subd. (d).)

Judgment Creditor Liability – If the judgment is satisfied and the creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit $100 to such person.  Liability is determined in the proceedings on the motion pursuant to subdivision (d) or in action.  (Cal. Code Civ. Proc. § 724.050, subd. (e).)

Step 4 – Demand/Acknowledgement Procedures

Demand – A demand for an acknowledgement of satisfaction requires the following statement:

“Important warning.  If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it.  If a court proceeding is necessary to compel you to comply with this demand, you will be required to pay my reasonable attorney’s fees in the proceeding if the court determines that the judgment has been satisfied and that you failed to comply with the demand.  In addition, if the court determines that you failed without just cause to comply with this demand within the 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me.”

(Cal. Code Civ. Proc. § 724.050, subd. (b).)

Acknowledgement of Satisfaction – The technical requirements are found in California Code of Civil Procedure section 724.060(a).  Further, the acknowledgement must be made in the manner of an acknowledgement of a conveyance of real property.  (Cal. Code Civ. Proc. § 724.050, subd. (b).)  It must be executed and acknowledged by either the judgment creditor, assignee of record, the attorney of either party, or the local child support agency director or their designee.  (Cal. Code Civ. Proc. § 724.060, subd. (c).)

Step 5 – Liability for Requiring Additional Performance/Payment

If the judgment creditor intentionally conditions delivery of an acknowledgement of satisfaction upon performance of an act or payment of an amount exceeding the amount the judgment creditor is entitled under the judgment, the judgment creditor is liable to the judgment debtor for all damages sustained by reason of the action or $250, whichever is greater.  (Cal. Code Civ. Proc. § 724.070, subd. (a).)

However, subdivision (a) does not apply if the creditor agreed to deliver an acknowledgement to the debtor before full satisfaction of the judgment in consideration for the judgment debtor’s agreement either to furnish security or execute a promissory note, or both, the principal amount not exceeding the amount the creditor is entitled to under the judgment.  (Cal. Code Civ. Proc. § 724.070, subd. (b).)

Step 6 – Entry of Satisfaction of Money Judgment

The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur:

(a)  A writ is returned satisfied for the full amount of a lump-sum judgment;

(b)  An acknowledgement of satisfaction of judgment is filed with the court; or

(c)  The court orders entry of satisfaction of judgment.

(Cal. Code Civ. Proc. § 724.020.)

Step 7 – Certification of Satisfaction of Judgment

If the satisfaction of judgment has been entered in the register of actions, the court clerk shall issue a certificate of satisfaction of judgment upon application and payment of the fee as provided in California Government Code section 70626 subdivision (a).

Post judgment satisfaction can be a tricky area to navigate. But, breaking the procedure down into steps makes it much easier to comply with your requirements under the Code and ensures your rights are adequately protected.

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