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  1. #1
    Join Date
    Oct 2008
    Posts
    5

    Default Satisfaction of Judgment

    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?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Satisfaction of Judgment

    From what type of court (e.g., small claims)?

  3. #3
    Join Date
    Nov 2007
    Location
    CA
    Posts
    2,130

    Default Re: Satisfaction of Judgment

    (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.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

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