Legal Question in Business Law in California

Assignment of Claim

Is it necessary to have a Assignment of Claim document notarized by a notary? This document will be used in a small claims case against a former lanlord.


Asked on 2/25/03, 3:41 pm

2 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Assignment of Claim

No, but it wouldn't hurt.

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Answered on 2/25/03, 4:52 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Assignment of Claim

An assignment of a claim or 'thing in action' does not ordinarily have to be notarized; it can even be done orally. However, the ordinary rules of contract also apply, so if, say, the statute of frauds would come into play, a writing is required, and if an interest in real property is involved (other than a lease for less than a year) notarization would be necessary for purposes of recording the assignment, but not to make the assignment valid per se.

You have bigger problem, however. The assignee of a claim cannot file or maintain a suit on the assigned claim in small claims court. Doesn't matter whether it's notarized or not. See Code of Civil Procedure section 116.420.

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Answered on 2/25/03, 4:59 pm


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