RENEWING A CALIFORNIA MONEY JUDGMENT

09/20/2013

RENEWING A CALIFORNIA MONEY JUDGMENT

By: David J. Hollander, Esq.

 Posted on www.dhollanderlaw.com on September 20, 2013

Q:  Why should a California Money Judgment be Renewed?

A:  A California money judgment terminates and is no longer enforceable if the judgment has not been renewed within ten (10) years from the date it was entered.  If you do not properly renew the money judgment within ten (10) years, you will not be able to collect money on the judgment from the judgment debtor, or otherwise enforce the judgment.

Q:  What is the Procedure to Renew a California Money Judgment?

A: The process to renew a California money judgment is described in California Code of Civil Procedure §683.010 to §683.220.  The process to renew a California judgment involves preparing and filing in the court where the judgment was issued an Application For and Renewal of Judgment, paying the filing fee which is currently $30.00 and preparing and serving a Notice of Renewal of Judgment on the judgment debtor.  The notice can be served on the judgment debtor by personal service or first class mail and proof of service shall be filed with the court. 

Q:  What Information does the Application for and Renewal of Judgment Require?

A:  The application requires the following information:

  1. Name and address of judgment creditor or assignee;
  2. Name and last known address of judgment debtor;
  3. Case number and title of the court;
  4. Date judgment was entered;
  5. Dates of any subsequent judgment renewals; and
  6. Information necessary to compute the amount of the judgment as renewed, including the principal amount of the judgment, accrued interest, costs, and any credits. 

 

Most of this information can be obtained from the Abstract of Judgment.  The Superior Court requires that you use the Application For and Renewal of Judgment (form EJ-190) and the Notice of Renewal of Judgment (form EJ-195). 

 Q:  How long will the Renewal of Judgment Last?

 A:  The renewal of judgment will last another ten (10) years, but can be renewed again after five (5) years.

Q:  Does Renewing the Judgment Automatically Renew any Judgment Liens? 

A:  No.  If an abstract of judgment was filed in the county where the judgment debtor owns real property, or if a personal property lien was filed with the California Secretary of State, those liens also need to be separately renewed in addition to renewing the judgment.  If you do not renew these liens, they will not be effective to enforce the renewed judgment.  A new abstract of judgment needs to be recorded with the county recorder to secure a judgment lien against the debtor’s real property and a new personal property lien must be filed with the California Secretary of State to secure a personal property lien against the judgment debtor after the judgment has been renewed. 

Q:  What does it Cost to Renew a Judgment?

A:  The Court filing fee to file the Application For and Renewal of Judgment is $30.00.  An attorney or paralegal should complete this process in about an hour or less, if all the information is readily available.

If you have a judgment that needs to be renewed please contact the Law office of David J. Hollander at (619) 291-9652.