My question involves judgment recovery in the State of: California.
How long does a judgment holder have to satisfy a judgment after the debt has been paid?
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My question involves judgment recovery in the State of: California.
How long does a judgment holder have to satisfy a judgment after the debt has been paid?
From what type of court (e.g., small claims)?
(a) If full payment of the judgment is made to the
judgment creditor or to the judgment creditor's assignee of record,
then immediately upon receipt of payment, the judgment creditor or
assignee shall file with the clerk of the court an acknowledgment of
satisfaction of the judgment.
(b) Any judgment creditor or assignee of record who, after
receiving full payment of the judgment and written demand by the
judgment debtor, fails without good cause to execute and file an
acknowledgment of satisfaction of the judgment with the clerk of the
court in which the judgment is entered within 14 days after receiving
the request, is liable to the judgment debtor or the judgment debtor'
s grantees or heirs for all damages sustained by reason of the
failure and, in addition, the sum of fifty dollars ($50).
(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
allowed, the judgment 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 an action.
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