Legal Question in Real Estate Law in California

Satisfying a judgement.
If the defendant is to satisfy a judgement against them for a specific sum of money and has already had their account(s) and assets frozen for a fraction of the sum, is the plantiff still allowed to demand the entire sum even after the freeze? This then exceeds the judgement demand. Although the sheriff is responsible for the release of properties, is the demand still valid or is it considered otherwise? As a direct result, the difference of what is owed seems to be pending as to when it will be returned to the account.

Main question is whether or not plantiff is allowed to demand entire judgement if they have a hold on nearly half from defendants cash. Because of this, defendants are now in waiting and are uncertain if the matter was properly handled.

This doesn't seem clear to me, as this is the case for us as the defendants now.

Asked on 5/02/08, 12:55 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Satisfying a judgement.

The judgment creditor is entitled to recover the full amount of the judgment, plus interest and costs, from any and all non-exempted sources and assets. The creditor generally can proceed either simultaneously or sequentially by any approved collection process, including freezing bank accounts, garnishment, levy on personal and real property other than bank accounts, etc. However, the judgment creditor is under certain duties to acknowledge and report partial satisfaction, and in any event cannot over-recover.

Answered on 5/02/08, 3:10 pm

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