California Debt Collection Blog

California law provides many judgment enforcement tools.  For example, the Code of Civil Procedure sets forth straightforward processes to levy on bank accounts, garnish wages, and create liens against real property.  However, sometimes these straightforward techniques do not accomplish the creditor's goal.  For instance, the creditor may seek to obtain and/or sell an asset of the debtor that cannot easily be reached using "traditional" methods.  In such situations, the creditor should consider seeking the appointment of a receiver. In California, the court may appoint a receiver to enforce a judgment upon ...

When a creditor domesticates a sister-state judgment or foreign judgment in California, the debtor often seeks to stay enforcement of the judgment using California Code of Civil Procedure Section 1750.  CCP Section 1750 states as follows: (a) The court shall grant a stay of enforcement where: (1) An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment.  Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired. (2) A stay ...

If judgment has been entered in a different state but the debtor has California assets, the foreign state judgment can be turned into a California judgment by following the procedure set forth in California Code of Civil Procedure § 1710.  In short, the creditor must file an application to domesticate the judgment in California. The California court will then enter judgment on the same terms as the out-of-state judgment. Then the creditor must personally serve the debtor with notice of entry of the California judgment.  The creditor must then wait 30 days ...