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.
1 Answer from Attorneys
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]."