Legal Question in Credit and Debt Law in California

release of judgment

I have a judgment-not child support and not healthcare provider- against me that expired (10 yr) without being renewed. Creditor filed abstract against real estate 6 years into judgment. Does abstract expire with judgment and how do I remove the lien without creditor willing to do so?


Asked on 3/28/05, 6:00 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: release of judgment

The judgment lien created by an abstract of jugment expires 10 years after entry of the judgment (not recordation of the lien). C.C.P. section 697.310; Federal Deposit Ins. Corp. v. Charlton (1993) 17 Cal.App.4th 1066, 1069. If the creditor refuses to release the lien, you will need to either file a lawsuit for quiet title (claiming the lien is a "cloud on the title") or bring a motion with the court for an order either directing the creditor to file a release, or for the court clerk to execute such a release.

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Answered on 3/28/05, 7:08 pm


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