Legal Question in Family Law in California
i won a 2009 family law judgment ,order was given. but attorney did not do ordered follow up,so i never got an abstract of judgment.he is telling me its not important and i think it is,,my ex is filing for bankruptcy.will not having this cause me problems,and did he violate any civil codes by not doing the follow up.i don't want to lose this judgment and future monies because of his lack of follow up. if there is a legal violation? how do i impress upon him to do the follow up so i can get my abstract of judgment. is this a fail to follow through on his part .and he was paid in full...thank you
2 Answers from Attorneys
You don't say what the abstract of judgment is for. It is highly unusual to record an abstract of judgment in a divorce case. An abstract of judgment is recorded to enforce a money judgment in a civil case, such as for breach of contract or personal injury. It places a judgment lien on any real property owned by the judgment debtor in the county in which it is recorded, at the time it is recorded, and any real property acquired in that county thereafter. The judgment creditor then can obtain a writ of execution from the court to foreclose on the lien and sell the property to satisfy the judgment. Since title to any property you two owned should have been dealt with in the divorce, there would be no point in an abstract of judgment. As for the bankruptcy, there is pretty much nothing in a divorce judgment that can be discharged in bankruptcy. An abstract of judgment would have no effect on the dischargeability of the divorce judgment. With that information, do you still think you need an abstract of judgment, and if so, please provide more details as to why?
You don't mention what you "won" in the family law judgment. If he was ordered to pay you spousal or child support and that's what you're concerned about, these are not dischargeable in bankruptcy. The only problem you may have is if he was ordered to pay joint debt and that debt is discharged in the bankruptcy. If that happens and you are listed on the debt as a co-debtor, they may come after you for payment. If you don't pay the debt, your credit will be affected. If you pay it, then you will have a civil case against your ex. An abstract of judgment will not help you in his bankruptcy proceedings because if the nature of the debt makes it dischargeable, the bankruptcy court will discharge it.