Legal Question in Civil Litigation in California

Re: satisfaction of judgement

Send the plaintiff the appropriate form to complete, and have him/her return it to you for filing. If he/she doesn't do it within a reasonable time, bring a motion for the court clerk to enter the satisfaction of judgment, based upon the evidence you have provided.

Re: satisfaction of judgement

Yes. The procedure is set forth in Section 724.050 of the Calif. Code of Civil Procedure. In essence, you serve the creditor in person or by mail with a written demand that he file an acknowledgment of the satisfaction of the judgment with the court, or give the acknowledgment to you to file with the court.

This written demand must contain the warning contained in subdivision (b) of Sec. 724.050 (which notifies the creditor that failure to file the acknowledgment of satisfaction of the judgment will subject the creditor to pay your attorney fees necessary to compel compliance with the demand, plus actual damages suffered as a result of noncompliance, plus $100.)

Keep in mind, however, that interest accrues on a judgment until it is paid. So, while you may have paid what you thought was the full judgment amount, it may have increased between the time it was entered and the time you paid it, due to accruing interest. If there is a dispute on this, you might be wasting your time to demand the acknowledgment of satisfaction of judgment until the interest is calculated. ( You must be credited, of course, with all the money that you have paid on the judgment, and you can't be charged continuing interest on any amounts you have paid.)

Re: satisfaction of judgement

Yes. The procedure is set forth in Section 724.050 of the Calif. Code of Civil Procedure. In essence, you serve the creditor in person or by mail with a written demand that he file an acknowledgment of the satisfaction of the judgment with the court, or give the acknowledgment to you to file with the court.

This written demand must contain the warning contained in subdivision (b) of Sec. 724.050 (which notifies the creditor that failure to file the acknowledgment of satisfaction of the judgment will subject the creditor to pay your attorney fees necessary to compel compliance with the demand, plus actual damages suffered as a result of noncompliance, plus $100.)

Keep in mind, however, that interest accrues on a judgment until it is paid. So, while you may have paid what you thought was the full judgment amount, it may have increased between the time it was entered and the time you paid it, due to accruing interest. If there is a dispute on this, you might be wasting your time to demand the acknowledgment of satisfaction of judgment until the interest is calculated. ( You must be credited, of course, with all the money that you have paid on the judgment, and you can't be charged continuing interest on any amounts you have paid.)