Legal Question in Civil Litigation in California

What would the correct form to file be for a situation where there is a judgement in place and the defendent is late on his monthly payments? The ej-130 doesn't seem to fit due to the defendant has a 600k+ judgment against him that he is to be making payments on. It would seem if I use the ej-130 then i would have to put the entire judgment amount in the first block but after the credits issued i would have a writ issued for the remaining balance when that balance isn't actually owed imediately, he is on a monthly payment schedule that he continually is late on.


Asked on 1/25/12, 9:03 am

1 Answer from Attorneys

The enforcement of judgments law and forms are not structured to allow you to execute on just part of a judgment. You get a writ for all of it. You have to decide if the constant late payments are enough to warrant cancelling the payment agreement, and enforcing the judgment, or not.

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Answered on 1/25/12, 10:34 am


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