Legal Question in Credit and Debt Law in California
Abstract of Judgment
I have an Abstract of Judgment that I put on a defendant after I won a Small Claims Court Judgment against the defendant, back in 2003. The Abstract of Judgment was placed on the defendant. I only had an old address so I used it as the last know address. I have now found out that the defendant owns property. Should I amend the Abstract w/ the new address on it? California Small Claims Court. Thank You.
4 Answers from Attorneys
Re: Abstract of Judgment
When you apply for an Abstract of Judgment, you provide the best information you had at the time. There is not need to record a new Abstract because it creates a lien in the name of any property in the name of the judgment debtor. The address information helps title companies to identify whether a lien applies to the property of people with similar hames.
Re: Abstract of Judgment
Yes, you should. And you should record it in every county in which he owns property.
Re: Abstract of Judgment
If you recorded the abstract with the county recorder in the county where the property is, and assuming by your use of the word "property" you mean real estate, you need do nothing (except renew the judgment in 6 years). Of course, it helps if you can get the defendant's SSN and include it in the abstract (try zabasearch). Otherwise, you would need to get another abstract and record it in the correct county. If the property is other than his residence, levy on it and have it seized or auctioned off!
Re: Abstract of Judgment
Hunh? The abstract of judgment innures to all property in the county where it is recorded. So, the abstract innures to the recently purchased property if it is in the same county. If not, simply record a new abstract of judgment in the new county. If, however, the defendant filed bankruptcy before he purchased the property, then the judgment was discharged and only property owned at the time of filing would be attachable.