California Debt Collection Blog

If the debtor owns property in California, in addition to recording an Abstract of Judgment in the county in which the real property is located, consider instructing the sheriff’s office to levy on and sell the real property.  If you are successful in doing so, the sheriff will ultimately sell the property at auction to the highest bidder, and the judgment creditor can “credit bid” the amount owing on the judgment. In order to successfully navigate the sheriff’s sale process for real property, it is important to first understand the definitions ...

Before creditors decide to domesticate a sister-state judgment in California, it is important to understand California's service requirements with respect to the domestication of judgments in California. In other words, after the judgment has been domesticated in California, is the creditor required to serve the domesticated judgment on the debtor? If so, how must service be made? The answer depends on the specifics of the judgment debtor. Code of Civil Procedure section 1710.45(a) states: Except as otherwise provided in this section, a writ of execution on a judgment entered pursuant to ...

What happens to a judgment enforcement matter in California when the judgment creditor or judgment debtor dies? With respect to judgment creditors, a judgment owned by a deceased judgment creditor may be enforced by the creditor’s executor, administrator, or successor in interest. CCP 686.010. In the event of the judgment debtor’s death, enforcement of a judgment against property in a deceased judgment debtor’s estate is governed by the Probate Code. CCP 686.020. Pursuant to the Probate Code, a judgment against a deceased judgment debtor is not usually ...