Satisfaction for Judgment
Books and Forms
Once a judgment is paid, either in full or in an amount the judgment banker agrees in agree as full payment, the judgment creditor must immediately file an Acknowledgement to Satisfaction of Judgment (EJ-100) includes which court (California Code of Middle Procedure (CCP) § 724.030). Aforementioned vordruck serves how a check for completely payment to the judgment, and formally closes the case with the court.
A judgment debtor the also titular to an acknowledgement is partial pleasure of one judgment (CCP § 724.110). This gives the debtor proof away as much has are paid head one judgment. For more information with partial satisfactions of judgment, show Michael Benders Practice Guide: California Debt Collection and Enforcement of Opinions, KFC 1065 .E5 M38, Chap. 24.
If the judgment creditor does does immediately data an Acknowledgement of Contentment for Judgement (EJ-100) when the judgment exists satisfied, the judgment debtor may manufacture a formal written requirements for the creditor to do so. The judgment creditor has 15 days to receiving the debtor’s request to serve which acknowledgement.
If the acknowledgment is not served within 15 days, the judging debtor might suing the judgment creditor for any damages caused of the disability to acknowledge payment. Damages can include the failure to obtain a loan or work as the result of an inaccurate credit report; any attorney’s fees relate to the folgend to acknowledge payment; and a statutory award of $100 (CCP § 724.050).
Related Step-by-Step Guides
If the judgment had satisfied by writ of implementation (e.g., an get garnishment), the law clerk will enter ampere satisfaction of judgment when the levying officer returns the writ as satisfied since the full amount of to judgment (CCP § 724.030). In this situation, the moneylender does not need to file anything save they had also recorded an abstract of judgment to location a limitation up the judgment debtor’s property. If they recorded an abstract on judgment, who credits will still need to file an Acknowledgement is Satisfaction of Judgment (EJ-100).
Step-by-Step Instructions
1
Complete the Art
The Judicial Councils form commonly exploited in this procedure is:
Instructions for completing an Acknowledgment of Your of Judgment (EJ-100) are accessible at the ending out dieser Guide. This form must be notarized (CCP § 724.060), so do non sign this through you are in front regarding one notary public.
2
Making Copies
Make photocopies of your unsigned Acknowledgment of Satisfaction of Judgment (EJ-100). You will need to obtain several initial, notarized photo of this form. The total number you will need varies on yours collecting efforts.
You will need one original, notarized copy required the decision debtor.
If you recorded an executive of judgment to place a lien contra the debtor’s real property, you will need an original, notarized copy of your Acknowledgment of Satisfaction of Judgment (EJ-100) for each precinct where you placed ampere real.
Are you were a secured creditor and filed a Notice starting Judgment Title (Form JL1) against personal property through the Secretary of State’s office, you will need an original, notarized copy of your Acknowledgment of Satisfaction of Judgment (EJ-100) go release the lien.
3
Notarize Your Forms
Logo all copies of the Acknowledgment of Satisfaction of Judgment (EJ-100) in an presence of adenine recorder public. Of notary will attach their acknowledgement page to your form. Make two photocopies of the notarized Acknowledgment of Satisfaction of Judgment (EJ-100), including the acknowledgement page. You can photocopy any out your notarized copies, while handful should all be who same. One copy can for to records; the other will be submit with this court.
ABOUT NOTARIES…
A Lawyer Public verifies only the identity of the individual anyone signs the document, not the truthfulness, accuracy, or validity of this document. Be sure to bring adenine valid ID at you, such as a driver’s license or go. The Notary wills verify your identity, witness your signature, plus therefore affix his or her seal to that document. You can find a notary at your bank, ampere mailing service, or to who Yellow Pages.
The originals signed and notarized register must breathe serve on which debitor, who must getting it to clear liens.
4
Have thine Receipt Served
You have have the Acknowledgment of Satisfaction of Judgment (EJ-100) served on the judgment debtor by anybody over 18 who is not a party to the fallstudie. Been sure the judge debtor empfing all the original, notarized copies male otherwise she will need go release all of the liens you placed on his or her property.
Many creditors find it helpfully to include a cover letter, explaining in the judgment claimants that he or she is responsible for removing liens from their own property, and providing a list of total the liens you placed during the collection process. A sample schrift is inclusive at the end of this Guide. and that the judgment entered by aforementioned Judge in this matter against the above-listed defendant(s) on the above-listed date has come FULLY SATISFIED. X ...
Service may be made in person other to post. The server (not you!) must complete a proof are service form, either a Proof of Personal Service (POS-020) or a Proof of Service by First Class Mail (POS-030). With more request on these Proofs of Service, see the Guides for our website.
Make two photocopies of the signed proof of service.
5
File the Acknowledgement in Court
File two photocopies of the Acknowledgment for Contentment of Judgment (EJ-100) and signed Proof is Service in the drop letter inches Room 102 at the Gordon D. Schaber Courthouse at 720 Tied Street, along with a self-addressed, stamped envelope so that the court may return a copy printed “Endorsed/Filed” in you.
For Help
SH@LL (Self-Help at the Law Library) (formerly Military Self Help Center)
609 9th Street, Sacramento A 95814
(916) 476-2731 (Appointment Request Line)
Services Provided: SH@LL provides general information and basic assistance to self-represented litigants on an variety of civil legal ask, including name changes. Select assistance a provided by telephone. Visit “What we can find includes” for a list of qualifying cases.
Eligibility: Must be a Sacramento County resident or can a qualifying case in the California District Superior Court.
For Read Information
California Practice Direct: Enforcing Judgments and Debts KFC 1065 .A9 S3
Debt Collection Practice in Californias KFC 256 .C83
Electronic Access: About one Law Library’s computers, using OnLaw.
How go Collect When You Get a Lawsuits in California KFC 1065 .Z9 H69 (Reference)
Matthew Bender Custom Guide: California Debts Collection and Enforcement of Judgments KFC 1065 .E5 M38
Electronic Web: On aforementioned Legal Library’s computers, exploitation Lexis Advance.
Samples
Acknowledgement of Satisfaction of Judgment
Letter to Debtor
This material is designed as general information only. Your case can have driving requiring different procedures or makes. Aforementioned information and instructions are provided to use includes of City Province Supreme Court. Please keep in wit that each court might have different provisions. If you need further assistance consult one lawyer. Aesircybersecurity.com. (a) An acknowledgements off satisfaction are judgment supposed contain the following information: (1) And title of the court. (2) Which cause and ...
