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Judgment Recovery

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Assignment of Judgment For Collection

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What We Do:

An assignee of a judgment is not entitled to enforce the judgment unless an acknowledgment of assignment of judgment to that assignee has been filed or the assignee has otherwise become an assignee of record.

To become an assignee of record by filing, the assignee must file with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

The acknowledgment of assignment of judgment must contain information set forth in the statute.

The acknowledgment must be made in the manner of an acknowledgment of a conveyance of real property and executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.

The statutory procedure for becoming an assignee of record by filing an acknowledgment with the court clerk is not exclusive and does not limit or restrict any other means by which an assignee may become an assignee of record.



Laws Relating To Assignment of Judgment:

The Enforcement of Judgments Law, is a comprehensive scheme governing the enforcement of all civil judgments. Enacted in 1982 and operative on July 1, 1983, the law governs enforcement of money judgments, including exemptions, liens, wage garnishment, and third-party claims, as well as other miscellaneous creditor’s remedies such as examination proceedings.

 The Enforcement of Judgments Law also governs enforcement of nonmoney judgments, such as judgments for possession of personal property, judgments for possession of real property, and judgments for sale of property

Definitions:

Judgment” means a judgment, order, or decree entered in a court of California. While California’s Enforcement of Judgments Law (EJL) provides that the word “judgment” means “a judgment, order, or decree entered in a court of this state,” litigants do not have license to substitute the word “order” everywhere the word “judgment” appears in the EJL, regardless of the circumstances or statutory intent.

Judgment creditor” means the person in whose favor the judgment is rendered or, if there is an assignee of record, means the assignee of record. Unless the context otherwise requires, the term also includes the guardian or conservator of the estate, personal representative, or other successor in interest of the judgment creditor or assignee of record.
Judgment debtor” means the person against whom a judgment is rendered. A person who was never served with the summons and complaint, and is ignorant of the proceedings, resulting in a judgment that is void ab initio for lack of personal jurisdiction, is not a “judgment debtor” under the Enforcement of Judgments Law because there is no enforceable judgment. The terms “judgment creditor” and “judgment debtor” in the Enforcement of Judgments Law mean a plaintiff who legitimately won a judgment and a defendant who knowingly lost a case.

Money judgments, judgments for possession of real or personal property, and judgments for sale of real or personal property are enforceable pursuant to the applicable provisions of the Enforcement of Judgments Law. Judgments requiring performance of acts not described above, or requiring forbearance of an act, are enforceable by contempt