California Debt Collection Blog

Can a judgment debtor be imprisoned for failing to pay a judgment in California?  The answer is “no.”  Formerly, a judgment debtor was subject to imprisonment for failure to satisfy a judgment.  The prior version of Code of Civil Procedure section 1143 et seq. provided a procedure for release from prison including notice to the judgment creditor and a hearing.  However, civil arrest was rarely used apart for contempt proceedings, and the civil arrest statues were repealed in 1973. Under current law in California, a person may not be imprisoned in ...

In California, creditors are often faced with debtors who have transferred assets to prevent collection. When this happens, what can creditors do? Specifically, when is a debtor’s transfer fraudulent or avoidable? If the debtor’s transfer is avoidable, what exact remedies are available to the creditor? This entry seeks to answer common questions regarding California’s Uniform Voidable Transactions Act (Civil Code § 3439). When Is A Transfer Voidable / Fraudulent? Debtors transfer assets all of the time. Some transfers are innocent. Others are not. When is a transfer voidable / fraudulent under California ...

Domesticating a judgment in California is quick and inexpensive.  Our firm typically charges only $500 to domesticate a judgment in California.  For this reason, creditors are wise to do so if the debtor either lives in California or owns assets in California. The process is simple: First, the creditor must file an Application for Entry of Judgment on Sister-State Judgment (Form EJ-105).  The application must be filed in the debtor's county of residence, pursuant to CCP § 1710.20(b). Second, the creditor must submit a Notice of Entry of Sister-State Judgment (Form EJ-110). The California ...