Legal Question in Civil Litigation in California

What does DISPOSED BY JUDGMENT

mean? This is a small claims judgment against me.

The levy was paid in full.

I filed for the levy to be satisfied.


Asked on 12/21/10, 5:36 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I don't know what you maen by "filed for the levy to be satisfied." If the judgment was paid in full, then demand an Acknowledgement pf Satisfaction of Judgment from the creditor. The language you use is specified in the Code of CIvil Procedure: "

724.050. (a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien

created under the judgment may serve personally or by mail on the

judgment creditor a demand in writing that the judgment creditor do

one or both of the following:

(1) File an acknowledgment of satisfaction of judgment with the

court.

(2) Execute, acknowledge, and deliver an acknowledgment of

satisfaction of judgment to the person who made the demand.

(b) The demand shall include the following statement: "Important

warning. If this judgment has been satisfied, the law requires that

you comply with this demand not later than 15 days after you receive

it. If a court proceeding is necessary to compel you to comply with

this demand, you will be required to pay my reasonable attorney's

fees in the proceeding if the court determines that the judgment has

been satisfied and that you failed to comply with the demand. In

addition, if the court determines that you failed without just cause

to comply with this demand within the 15 days allowed, you will be

liable for all damages I sustain by reason of such failure and will

also forfeit one hundred dollars to me."

(c) If the judgment has been satisfied, the judgment creditor

shall comply with the demand not later than 15 days after actual

receipt of the demand.

(d) If the judgment creditor does not comply with the demand

within the time allowed, the person making the demand may apply to

the court on noticed motion for an order requiring the judgment

creditor to comply with the demand. The notice of motion shall be

served on the judgment creditor. Service shall be made personally or

by mail. If the court determines that the judgment has been satisfied

and that the judgment creditor has not complied with the demand, the

court shall either (1) order the judgment creditor to comply with

the demand or (2) order the court clerk to enter satisfaction of the

judgment.

(e) If the judgment has been satisfied and the judgment creditor

fails without just cause to comply with the demand within the time, the

creditor is liable to the person who made the

demand for all damages sustained by reason of such failure and shall

also forfeit one hundred dollars ($100) to such person. Liability

under this subdivision may be determined in the proceedings on the

motion pursuant to subdivision (d) or in a [separate lawsuit]."

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Answered on 12/26/10, 8:15 pm


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