Legal Question in Civil Litigation in California
abstract of judgment
I filed an abstract of judgment after
winning my small claims case, but the
person was able to sell two properties
anyway. Do I still have a claim to these
properties and what can I file to assert
my claim?
3 Answers from Attorneys
Re: abstract of judgment
You may be able to get the title insurance company to pay the amount of the abstract. We would have to see your documentation and review your abstracts of judgment.
Re: abstract of judgment
You might, depending on if your abstract was just right. You may have to file a quiet title action.
Re: abstract of judgment
An abstract of judgment does not affect the judgment debtor's ability to sell property and does not give you any sort of claim on the debtor's assets. Recording the abstract means only that the judgment will show up on the debtor's credit history. You must affirmatively enforce your judgment if the debtor is unwilling to pay.
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