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Abstract of Judgment

An abstract of judgment is a document created by a court that shows detailed information about a judgment rendered in court. The abstract of judgment lists the date of the judgment and the amount, as well as contact information for both the debtor and the creditor. Also included in the abstract of judgment is the rate of interest that the debtor is expected to pay the creditor, any unpaid court costs, and specific instructions that the debtor is expected to follow in order to comply with the judgment. To explore this concept, consider the following abstract of judgment definition.

Definition of Abstract of Judgment

  • A copy or summary of a judgment rendered by a court.

What is an Abstract of Judgment

The term “abstract of judgment” may be used generically to describe the summary of a court case. However, in the technical sense, the term is defined as a document that is produced upon the conclusion of a court case that describes the judgment that was rendered in that case.

The term “abstract of judgment” has different meanings, depending on the type of case for which it is created. For example, an abstract of judgment in a criminal case may be useful in proving the defendant ’s prior conviction. However, in property law, some states use an abstract of judgment as a lien on a debtor’s property. The lien can only be lifted upon the debt being fully paid.

In the case of a real estate judgment, if the debtor (the party who owes the debt) does not pay as agreed, the creditor (the party to whom the debt is owed) can force a sheriff’s sale of the property in order to collect on the judgment. A sheriff’s sale is another term for a government auction, which is a public auction that the government holds upon seizing someone’s property for non-payment of the debt that is owed.

However, a sheriff’s sale may not be the easiest solution to enforce. First, the party who is owed the payment needs to find the county wherein the property is located in order to sell it. Then, even if the property is located, there may be other judgments that are of a higher priority, and which must be paid before the creditor can collect on the lien. This may include such things as back taxes. There is also the possibility that the debtor can claim bankruptcy in order to avoid paying the judgment at all.

Effect of an Abstract of Judgment

When a judgment is entered against a person, the abstract of judgment appears on public records as a lien or claim against his or her real property . This effect of an abstract of judgment serves to notify anyone who might want to buy the property, or to file their own lien against it, that someone already has a claim secured by the property. This affects the person’s ability to sell the property, as well as its value for the purposes of obtaining a loan. Additionally, if the property owner fails to pay the amount of the judgment, the lienholder can force the sale of the property in order to obtain his money.

Writ of Garnishment

Another effect of an abstract of judgment might be the issuance of a writ of garnishment. For example, an abstract of judgment, once filed, authorizes the creditor to file a writ of garnishment, which allows the creditor to collect the money owed to him by the judgment from a party who does not own any real estate on which a lien can be placed.

In one of these situations, since the debtor does not own any property, the creditor can demand that the debtor’s bank account be garnished until the judgment is fully satisfied. When someone’s bank account is garnished, the bank is given formal instructions from the court to take a set amount of money from the debtor’s account in either weekly or monthly installments, and transfer it to the creditor until the amount of the judgment has been paid in full.

Writ of Execution

Another effect of an abstract of judgment might be the issuance of a writ of execution. A writ of execution is an order directing that the debtor’s personal property be sold in order to pay off the judgment. Again, this might be used in a case where the debtor does not own any real property that could satisfy the judgment. However, if the debtor is a business, rather than an individual, the property belonging to the business may be “exempt.” This means that the business’ property may be prohibited from being sold for the purposes of satisfying the judgment.

A writ of execution is delivered to the debtor by a sheriff, and it allows the sheriff to confiscate the debtor’s property to be auctioned in order to pay the judgment. In most jurisdictions, the debtor may file a motion to exempt certain property with the court. If granted, certain items may be protected from seizure and auction. In addition, a debtor may be able to get an extension of time in which to gather the money, depending on whether or not the sheriff is willing to grant it.

Turnover Order

A third effect of an abstract of judgment might be the issuance of a turn-over order. A turn-over order is for the debtor to transfer certain property to the creditor in order to satisfy the judgment. The creditor can then do what he wishes with the property, which more than likely will result in its sale.

The turnover order is not an immediate solution to the problem. Often, a restraining order must also be sought to prevent the debtor from secreting away or wasting an asset that could otherwise be sold to make good on his debt. A writ of garnishment is often coupled with a turnover order as well.

The trial court has discretion over whether or not to grant a turnover order, once a judgment has been rendered. If such an order is granted, there is no need for another hearing. The debtor is simply put on notice that the turnover order has been issued, and that he is required by law to turn over his property to settle his debt.

Release of an Abstract of Judgment

Depending on the state wherein the abstract of judgment is issued, there may be different rules regarding the release of an abstract of judgment. However, the only way a judgment lien can be released is through a document called a “Release of Abstract of Judgment,” or “Satisfaction of Judgment.” A Satisfaction of Judgment is a document filed with the court, showing that the judgment has been paid in full, and the lien released by the court.

Once the judgment has been paid, the creditor must file a document with the court within a specific number of days, though the time limit varies by jurisdiction . A Release of Abstract of Judgment must be filed by the creditor to the judgment, once the debt has been paid. Should the creditor fail or refuse to file the document, the debtor may take the matter to the court to have the Release of Abstract of Judgment filed.

A Transcript of Judgment is like an abstract of judgment in that it contains all of the necessary information relevant to the judgment. However, the Transcript of Judgment is filed only in cases where the creditor wants to enforce the judgment against the debtor’s real property. The Transcript of Judgment is also certified by the court clerk in the county in which it is entered. Once the Satisfaction of Judgment, or Release of Abstract of Judgment, has been filed, the creditor must forward a certified copy of the document to the debtor.

Abstract of Judgment Example in a Divorce Case

An example of an abstract of judgment being escalated to a Supreme Court involved a case that began in 1965, while Donald and Carmel Vallentyne were still married. Donald was being sued by Nadine and Rodney Kinney for damages on certain personal torts. While that action was pending, Carmel decided to divorce Donald.

On September 5, 1967, Carmel was granted an interlocutory divorce decree . Later that month, the Kinneys were awarded a judgment of damages against Donald, obtaining an Abstract of Judgment. With this document, the Kinneys filed a lien against the Vallentyne’s real property. Donald and Carmel had jointly owned three real estate properties when the Kinneys filed their abstract of judgment. However, when the final decree of divorce was entered in September of 1968, Carmel was awarded all three properties by the Court.

In 1970, the Kinneys, after trying and failing to forcing Donald to pay the judgment amount in full by selling off his personal assets , they filed another action – this time against both Carmel and Donald. Here, the Kinneys tried to go after Carmel’s real estate, and asked the court to allow them to place a judgment lien against her property. The court ruled that the Kinneys could go after Carmel’s property, but only in an amount equal to the value of the property at the time the interlocutory divorce decree was granted.

The Kinneys appealed the decision, and the Court of Appeals held that the joint properties were fair game insofar as satisfying Donald’s judgment debt, and that the divorce court did not give that property over to Carmel until the final divorce decree. Further, the Court of Appeals ruled that when the abstract of judgment was recorded, the three properties were still jointly owned. Therefore, when Carmel took over the titles as her separate property, they were still “subject to the judgment lien” that was placed on them previously.

The case was then escalated to the Supreme Court of California. The Court ruled that the trial court should be reversed, but not to Carmel’s benefit. Instead, the Court held that, because the three properties were jointly owned by Donald and Carmel when the abstract of judgment was filed, the Kinneys were entitled to enforce their judgment lien to the fullest extent of the law. Further, the Kinneys were permitted to seek an amount equal to the current value of the properties, rather than their value at the time the interlocutory divorce decree was granted, in order to fully satisfy Donald’s damage judgment.

Related Legal Terms and Issues

  • Defendant – A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
  • Interlocutory Order – An order that is issued temporarily before the completion of a legal action.
  • Lien – An encumbrance placed on a person’s property to secure a debt the property owner owes to another person or entity.
  • Tort – An intentional or negligent act, a civil wrong, as opposed to a criminal act, which causes harm to another.

abstract of judgment

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Abstract of judgement refers to a copy or summary of a court’s judgement . Some common uses of the term “abstract of judgement” include:

  • In the context of a civil case , abstract of judgement is a document disclosing a monetary award issued by the court in favor of a judgement creditor against a judgement debtor . It includes the rate of interest to be paid on the judgment amount, court costs, and any specific orders for the judgement debtor. An abstract of judgement creates a lien on any real estate property owned by the judgement debtor in the county in which the abstract of judgment is recorded. Issuance procedure and contents of “abstract of judgment” varies according to statutes .
  • In the context of a criminal case , cases such as this one form California , explain that the abstract of judgement is "a contemporaneous, statutorily sanctioned, officially prepared clerical record of the conviction and sentence .” It informs prison officials about the conviction and provides authority for carrying the judgment and sentence into effect.

[Last updated in November of 2021 by the Wex Definitions Team ]

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What is an Abstract of Judgment and How Can You Find One Online?

Posted by CourthouseDirect.com Team - 13 March, 2019

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An Abstract of Judgment remains on a title until the financial responsibility is discharged and all steps taken to remove the abstract.

What is the definition of an Abstract of Judgment, what is the effect on the individual receiving it, and how can you find one online?

assignment of abstract of judgment

Defining Abstract of Judgment

According to LegalDictionary.com, an Abstract of Judgment is a copy or summary of a judgment rendered by a court. The definition is nuanced to fit the case in which it is used.

For example, an Abstract of Judgment in a criminal case could be used to prove a defendant’s prior conviction. If the person receiving the judgment owns no personal property, the judgment may be placed against business property, or a Writ of Garnishment may be issued.

The individual receiving an Abstract of Judgment is considered a grantee , and the lien is created against non-exempt property; however, the lien is not created by the judgment itself. The lien is only created once the Abstract has been filed and indexed.

The Use of Abstracts of Judgment

As mentioned above, an Abstract of Judgment is a somewhat generic term, and the use depends on the type of case. Its primary purpose is to enforce collection of a monetary judgment. An Abstract of Judgment can cloud a title for years, including after the original grantee has died. At that time, the heirs must deal with it.

Even if the property is a homestead, and thus exempted from the judgment, the lien attaches to the property as soon as it is no longer the grantee’s homestead, while he or she still owns the property. If the grantee does not own real property at the time of judgment and filing, any property purchased afterward can be placed under lien if the Abstract of Judgment is still active.

The Effects of an Abstract of Judgment

When an Abstract of Judgment is filed, it appears as a lien or claim against the property on the public record. The lien or claim acts as a notification to anyone interested in purchasing the property or entity that wishes to file its own claim against it.

The grantee faces difficulty when selling a property with an Abstract of Judgment on the public record. The Abstract also makes it less likely the grantee can obtain a loan using that property as collateral.

If the grantee fails to pay the judgment, the lienholder can force a property sale to pay for the judgment.

An Abstract of Judgment may result in other impacts. 

  • A Writ of Garnishment allows the grantee’s bank account to be garnished.
  • A Writ of Execution allows the grantee’s personal property to be seized and sold.
  • A Turnover Order allows the grantee to transfer property to satisfy the judgment.

A Writ of Garnishment may be issued for the grantee if the individual owns no property against which a lien can be placed. For example, if the real property owned by the grantee is already under lien by another judgment or entity, it is not possible for the Abstract of Judgment to result in a lien against the same property. Instead, the judgment allows the creditor to demand the grantee’s bank account be garnished until the judgment is satisfied.

A Writ of Execution is another effect of an Abstract of Judgment. A Writ of Execution allows the grantee’s personal property to be sold to satisfy the judgment. Like the Writ of Garnishment, a Write of Execution can be used in cases where the grantee (or debtor) has no real property against which a lien can be placed.

A Writ of Execution is delivered by the office of the sheriff, which may confiscate the individual’s property to be auctioned. The proceeds go to pay for the judgment. The debtor may file a motion to exempt property. If the exemption is granted, some property may be considered exempt from seizure and auction. A debtor may be able to obtain an extension of time to pay the debt, also.

If the debtor is a business instead of an individual, any business-owned property may be exempt from the Writ. Therefore, the business property may not be sold to satisfy the judgment.

A Turnover Order may be issued so the debtor can transfer property directly to the creditor to satisfy the judgment. The creditor may then do whatever he or she wishes. Often the property is sold. However, the issuance of a Turnover Order on its own may not be enough. The court may also issue restraining orders so the debtor may not hide or waste an asset that could be sold. A Turnover Order is often accompanied by a Writ of Garnishment.

assignment of abstract of judgment

Finding an Abstract of Judgment Online

Since the Abstract of Judgment goes against a grantee and some county records hold separate files for grantors and grantees, a search for a physical file may be narrowed. However, if county records have been digitized and placed in an online database, you may have access to a variety of filters or use certain search criteria to narrow your search. 

  • Determine the county where the grantee owns real estate.
  • Search by the grantee’s name or the case number if available.
  • Look for the abbreviation “A/J” on real estate records.
  • Learn which counties use a different abbreviation and substitute it when searching those records.

If you use CourthouseDirect.com , you can search an entire state by the name of the grantee. There is no need to know the county beforehand. If you are interested in a specific property, our database allows you to search with an address as well as a name.

In some cases, a grantee may not be aware that an Abstract of Judgment has been recorded against a property because notification may not be guaranteed or provided when the judgment is made. It’s possible the grantee may not have been required to appear or to have been notified of a lawsuit that resulted in such a judgment.

An Abstract of Judgment is but one tool the courts can use to obtain a monetary judgment against an individual. The judgment results in a lien against any real property owned by the grantee (the one against whom the judgment is placed), as long as the property is not already under lien by another entity.

Abstracts of Judgment are considered a cloud on a title and many banks and mortgage companies refuse to grant loans or participate in the sale of any property with a judgment against it. You can learn whether a property in which you have an interest has such a judgment by searching online county records by address or the name of the property owner.

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Enforcement of Judgments

After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The court does not collect judgments; the prevailing party is responsible for all collection efforts. However, the court may issue a variety of orders and other documents that may be used to collect your judgment from the debtor.

There are several steps that may need to be taken prior to starting your collection efforts.

Locate the Judgment Debtor

Before any collection efforts may begin, the judgment debtor must be located. Soon after the entry of judgment, this may be an easy task. However, as time passes, it can become increasingly difficult to locate the judgment debtor. For tips on how to do this, see our Legal Research Guide on Finding People and Businesses .

Determine the Debtor’s Assets

It is important to have information about the debtor’s assets, so that the judgment creditor can select the enforcement method(s) that will be the most effective.

An Order of Examination, also called a Debtor’s Examination, is a formal court proceeding during which a judgment creditor may question the judgment debtor about their income and property, to determine what assets are available to the creditor for collection of a judgment.

For More Information Get Information About the Debtor’s Assets , from the California Courts Self-Help Website 

Sample Questions to Ask a Debtor , from the California Courts Self-Help Website

Orders of Examination , from the Sacramento County Superior Court’s Website

Debtor’s Examination , Step-by-Step guide from the Sacramento County Public Law Library

Calculate the Amount Owed

Before beginning enforcement procedures, a judgment creditor must determine the amount currently owed. Unless the judgment debtor promptly pays the judgment in full, the judgment amount ordered by the court is rarely the final amount paid to the judgment creditor. A judgment creditor is entitled to reimbursement of any post-judgment costs, such as the costs associated with enforcing the judgment (including the cost of issuing the Writ of Execution, Levying Officers’ fees, fees for the Application for Order for Appearance of Judgment Debtor, etc.). Additionally, unpaid judgment amounts accrue interest at the legal rate of 10% per year.

Judgment Calculator The San Diego Superior Court provides this free online program that calculates the amount due on a specific day. Just input the judgment amount, date, and payment history, and the program does all the calculations for you.

For More Information

Memorandum of Costs , Step-by-Step guide from the Sacramento County Public Law Library

Begin Your Collection Efforts

There are numerous ways a judgment creditor may collect from a judgment debtor. The method(s) used depend on the judgment debtor’s assets. Below is information about several common enforcement methods.

Collecting from Wages (Earnings Withholding Order)

If the judgment debtor is employed, the judgment creditor may garnish up to 25 percent of the amount over the federal minimum wage that the debtor earns until the judgment is paid in full.

For More Information Collect Your Judgment , from the California Courts Self-Help Website Collect Your Judgment from the Debtor’s Paycheck , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Wage Garnishment ,  Step-by-Step guide from the Sacramento County Public Law Library

Sacramento Sheriff Civil Bureau, Civil Process Types and Fees Provides details of the procedures and required documents. Click on “Earnings Withholding Order” for more information.

Collecting Money from a Bank Account (Bank Levy)

If the judgment debtor has a bank account or safe deposit box, the judgment creditor may be able to take money from the account or seize the contents of the box.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website

Collect Your Judgment from the Debtor’s Bank Account , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Bank Levy , Step-by-Step guide from the Sacramento County Public Law Library

Placing a Lien on Real Property

If the judgment debtor owns real property, the judgment creditor may place a lien on the property. If the debtor tries to sell or refinance the property, the creditor will be paid the judgment amount plus accrued interest from the escrow. In some situations, it may also be possible to “foreclose” on the judgment lien, and force the sale of the property. This is only an option is there is enough equity in the property to pay all existing liens and exemptions, as well as the costs of foreclosure.

Collect from the Debtor’s Property , from the California Courts Self-Help Website

Placing a Judgment Lien , Step-by-Step guide from the Sacramento County Public Law Library

Judgment Liens on Property in California , an article from Nolo Press

Placing a Lien on Personal Property

A judgment creditor can have the sheriff take the debtor’s personal property and sell it at public auction to pay the debt. This can be any type of property, such as jewelry, computers or other electronic equipment, musical instruments, coin collections, etc. This is an expensive process, though, so unless the property is extremely valuable, it is rarely worthwhile.

Notice of Judgment Lien , from the California Secretary of State

Placing a Lien on a Lawsuit the Debtor Has Against Someone Else

If the judgment debtor has a lawsuit against someone else, the judgment creditor may place a lien on the money the debtor hopes to recover if he or she wins that lawsuit.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website 

Placing a Till Tap or Keeper

If the judgment debtor is a business or the sole proprietor of a business, the sheriff may visit the business and take all money on the premises to pay the judgment and the sheriff’s fee. The sheriff’s department may also station a deputy near the cash register, and take possession of all funds as they come in.

For More Information More Ways to Collect , from the California Courts Self-Help Website

Suspending the Debtor’s Real Estate, Contractor’s, or Driver’s License

If the judgment is related to a license, (e.g., a car accident is related to a driver’s license; construction defects are related to a contractor’s license), the judgment creditor may be able to have the judgment debtor’s license suspended.

Unsatisfied Judgments , from the Department of Motor Vehicles Judgments over $1000 , $750 if judgment issued prior to Jan. 1, 2017 Judgments under $1000 , $750 if judgment issued prior to Jan. 1, 2017

Suspending a Driver License to Force Payment ,  from the Los Angeles County Department of Consumer Affairs

Civil Judgments ,  Contractors State License Board Consumer Recovery Account , California Department of Real Estate

Obtaining a Seizure, Turnover, or Assignment Order

A seizure order allows the sheriff to take property from a private residence, while a turnover order requires the judgment debtor to give the property to the sheriff. These orders are most commonly used for large, expensive items, such as pianos, boats, or stereo systems. An assignment order requires the debtor to assign ongoing payments, such as sales commissions or rents, to the judgment creditor.

Renew the Judgment if Necessary

Money judgments automatically expire after 10 years, unless the judgment creditor renews the judgment before it expires. A judgment may be renewed for another 10 years, and renewed repeatedly until it is paid in full. Expired judgments cannot be enforced, so judgment creditors must be careful to renew judgments in a timely manner.

For More Information Renew Your Judgment , from the California Courts Self-Help Website

Renew Your Judgment , Step-by-Step guide from the Sacramento County Public Law Library 

Once the Judgment is Paid in Full

Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must file an  Acknowledgement of Satisfaction of Judgment  (EJ-100) with the court. It must also be filed with the County Recorder’s Office if any liens were placed on real property, and with the Secretary of State’s Office if liens were placed on personal property. If you do not file an Acknowledgment of Satisfaction of Judgment, the judgment debtor may sue you for any damages caused by your failure to file the Acknowledgment, plus $100.

For More Information After the Judgment is Paid , from the California Courts Self-Help Website

After Your Judgment is Paid , Step-by-Step guide from the Sacramento County Public Law Library 

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

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What Is an Abstract of Judgment & How to File for It?

Abstract of Judgment

Abstract of Judgement in Real Estate

How to file an abstract of judgment in los angeles county ca, full satisfaction of judgment, recording abstract of judgment – instructions, related posts:.

Updated on January 25, 2024

Let’s say you have just won a money judgment in court against a defendant who owed you a sum of money. What do you do next? Winning a money judgment doesn’t mean that you automatically get the money in your account immediately. There are other steps that you need to take to actually collect the money from the person who owes it to you (also known as the debtor).

If you are dealing with a debtor who has money to pay you and is willing to follow the court’s judgment, then collecting the money is easier, as the debtor can just write you a check for the required amount. However, if you are dealing with a debtor who does not appear to have any money to pay you, things get more complicated.

If the debtor does not have money to pay you but owns real property (or if you think the debtor may attempt to purchase real property in the future), you can obtain what is called an Abstract of Judgment . An Abstract of Judgment is a judgment lien against real property that the debtor currently owns, or may try to purchase in the future.

Abstract of Judgment Definition

Thus, if the debtor tries to sell or refinance real property she currently owns and you have obtained an Abstract of Judgment against her, she will be forced to pay the money she owes you with interest before completing the real estate transaction she is attempting. If the debtor does not own real property now but tries to purchase real property at some time in the future, the purchase cannot go through until the debtor has paid you back the money owed with interest.   In California, interest accrues at a rate of 10% per year from the date of the judgment .

In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ-001). The form asks for information regarding the debtor’s name, last known address, driver’s license number, and the amount of money the debtor owes you.  Once the form is filled out, it must be filed with the clerk of the court that issued the original money judgment. Once the clerk of the court has certified that the form is correct, the clerk will stamp it and officially “issue” it. The stamped form is known as the conformed or certified Abstract of Judgment, and it is the legal proof of the money judgment owed to you by the debtor. You will have to pay an issuance fee to the clerk for the issuance of the form.

Once you have the conformed/certified Abstract of Judgment, the original form must be recorded with the recorder’s office in the county where the debtor owns real property. If the debtor owns real property in various counties, be sure to record the Abstract of Judgment in every county where the debtor owns such property. Similarly, if you think the debtor may buy real property in a particular county in the future, record the Abstract of Judgment in that prospective county as well.

A good rule of thumb is to record the Abstract of Judgment in the county where the debtor resides or does business. You will have to pay a recording fee to the recorder’s office for each recording. Once the recorder’s office has recorded the Abstract of Judgment, it officially becomes a lien on the real property the debtor owns in the county now or may acquire later. The recorder’s office will give the Abstract of Judgment back to you. Be sure to keep this document, as you will need it in the event the debtor pays you back and you have to then complete an acknowledgment of Satisfaction of Judgment.

The lien created by the recorded Abstract of Judgment continues for 10 years from the date of entry of the money judgment, and can be renewed for additional 10-year periods. When you renew your Abstract of Judgment, you will need to prepare new Abstract of Judgment form with the updated amount owed to you (including any accumulated interest), and you will need to record it in the appropriate county or counties.

Determining whether to file and record an Abstract of Judgment can be difficult, and the actual filing and recording can be confusing if you are not familiar with the process. Additionally, California has a number of exemptions and rules that may affect your ability to collect from a debtor under an Abstract of Judgment. For example, under a homestead exemption, there is a fixed amount of value that cannot be used to satisfy the money judgment if the property at issue is the debtor’s primary residence. The existence of other liens, or foreclosure or bankruptcy proceedings can also complicate matters. If you are considering obtaining an Abstract of Judgment, talk to a LA real estate attorney .

At Schorr Law , our top real estate attorneys in los angeles are experienced in handling Abstracts of Judgment, including preparation, filing, and recording, and we can provide counsel on a range of matters involving real property judgment liens. To see if you qualify for a free 30-minute consultation regarding your matter, please contact us.

Contact Our Real Estate Attorneys.

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2007 California Code of Civil Procedure Chapter 8. The Manner Of Giving And Entering Judgment

Ca codes (ccp:664-674).

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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assignment of abstract of judgment

What Is an Abstract of Judgment in Texas? – How to File, Forms & More

What Is an Abstract of Judgment in Texas? – How to File, Forms & More

The modern court system in the State of Texas provides many protections for judgment debtors and navigating the post-judgment collection process can be overwhelming whether the judgment is from state court, the federal district court, or out-of-state and you still need to domesticate your judgment in Texas .

Post Judgment CTA

One of the best tools in your toolbox for making sure you receive the money that is yours by right is by filing an abstract of judgment. Once you have received your judgment, you should do this right away.

What Is an Abstract of Judgment in Texas?

Think of an abstract of judgment as a way of recording your story, permanently, for everyone to see. This includes the debtor and people who do business with the debtor, whose property, due to the abstract of judgment, is no longer free and clear.

An abstract of judgment is a written summary which states how much money a losing defendant owes to the winning plaintiff in a lawsuit. This person who won the lawsuit and is owed the debt is the “judgment creditor.” The person who lost the lawsuit and owes the debt is the “judgment debtor.”

abstract of judgment in Texas

In addition to the amount of the judgment award, the abstract of judgment will include the rate of interest, court costs, and any specific orders that the judgment debtor must obey. Per Texas Property Code §52.003, it must also include the birthdate of the defendant/judgment debtor, the debtor’s driver’s license number and social security number, the debtor’s address, and the creditor’s address.

Abstract of judgment forms are available in each of Texas’ counties for you and your attorney to fill out. For example, Harris County maintains a form for inputting all required information, called the Request for Abstract of Judgement Form, which can be accessed here .

The purpose of the abstract of judgment is to create a public record that automatically creates a lien or claim on any real estate property owned or later acquired by the judgment debtor in the county where the abstract is recorded. The only exception is where the property is “exempt’ – or out of reach – for a specific reason, such as being the debtor’s residence.

How Long Does an Abstract of Judgment Last in Texas?

The abstract creates a lien on the judgement debtor’s nonexempt real property in the county where the abstract has been recorded, pursuant to Texas Property Code §52.001. The lien continues for ten (10) years from the date of recording and indexing with the county, except in cases where the judgment becomes dormant during that period. See Texas Property Code §52.006 .

A judgment becomes dormant where no writ of execution is filed attempting to collect on the judgment. If no writ of execution has been entered during the 10-year life of the abstract, your attorney can revive the judgment for an additional two years and start the process anew. See Texas Civil Practice and Remedies Code §34.001; §34.006 .

How to File an Abstract of Judgment in Texas

how to file an abstract of judgment in Texas

Most Texas counties have a readily-available form to fill out with the county clerk in order to file your abstract of judgment. Each county has its own fee, though the fees are relatively small. Once you file your abstract, the county clerk is required by law to immediately record in that county’s real property records.

The judgment lien that is generated by the abstract creates practical difficulties for the debtor’s real property whether it is owned in that county or later acquired in that county. The filing of the abstract ensures that even if the property is currently exempted, such as the debtor’s primary residence or “homestead,” the lien will attach the moment the debtor stops living there. Also, if the debtor dies, the heirs who inherit the debtor’s property will be responsible for the lien. See Texas Probate Code §37.

If you’re looking for help from judgment liens attorney in Houston , contact our office today!

Release of Abstract of Judgment

A release of an abstract of judgment can occur where the debtor files an Affidavit of Release of a Judgment Lien (sworn statement) showing that the real property in question is the debtor’s homestead and meets certain legally-established criteria set forth in Texas Property Code §41.002 , which can be up to 10 acres for an urban home, 100 acres for a single adult rural home and 200 acres for family rural home. These forms for the release of an abstract of judgment in Texas are also available online from most counties.

release of abstract of judgment Texas

Your attorney can contest the release of abstract of judgment Texas form if it is untrue or another reason exists why the property should not be released.

Contact the Law Office of Seth Kretzer for Post-Judgment Collection Help

If you or your client has won a judgment, you will need a lawyer with specific experience enforcing judgment liens in Texas and who has the right knowledge and resources to help protect your rights. Call Seth Kretzer at 713-775-3050 or contact us online today to discuss your case.

Seth is on your side and knows how to collect on a judgment in Texas . Additionally, he has experience with countless creditors facing the challenges you are now confronting filing your abstract of judgment and enforcing judgment debts. He is a competent judgment collection attorney who truly understands your situation and will do everything in his power to help you!

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The Law Offices of Kretzer have handled countless cases and served clients across the country. Our appeals attorneys are nationally recognized and ready to fight for you! We invite you to contact the Law Office of Seth Kretzer at 713-775-3050 when you need experienced and reliable legal assistance with criminal charges or an appeal. Our law office hours are Monday through Friday from 10:00 AM to 6:00 PM, but we are available by phone 24/7. Major credit cards accepted. Ask us about our flexible payment plans. Spanish translation services are available at all times.

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CIVIL AND MISDEMEANORS

What is an abstract of judgment in california.

By Teo Spengler, J.D.

December 10, 2018

Reviewed by Rebecca K. McDowell, J.D.

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assignment of abstract of judgment

  • How to Record a Satisfaction of Judgment in Colorado

Judge holding wooden gavel

An abstract of judgment in California is a legal document that is an official summary of a money judgment. A creditor wanting to secure a money judgment with a property lien against a debtor's real property files an abstract of judgment with the assessor-recorder in California counties where the debtor owns property.

Money Judgment Gives Right to Collect Debt

If you go to court because someone owes you money and the judge rules in your favor, you have what is called a money judgment. It gives you the right to collect the debt, but winning a judgment in court in California doesn't necessarily mean that you'll have the money in hand by sunset. Many times people with money judgments have to jump through other legal hoops, like getting a lien, to collect on the debt.

Collecting is simple if the judgment debtor (the person who lost to you in the lawsuit) writes you a check. But sometimes she can't, or she won't, and her only asset is one or more parcels of real property. In that case, you must place a lien on the property to be able to collect the debt when she sells or refinances the property. You place a judgment lien by filling out and filing the California court form called Abstract of Judgment.

Abstract of Judgment is a Court Form

In California, an Abstract of Judgment is a short court form that you can download from any court website or obtain from the court clerk. You fill out the form by entering the requested information identifying the debtor and the lawsuit in which you won the judgment. You also fill in the amount of the judgment. Once the form is completed, the clerk of the court that issued the judgment must sign off on it, certifying it is correct. Read More: What Is a Release of Abstract of Judgment?

Filing the Abstract of Judgment Creates a Lien

The certified abstract of judgment form is legal proof of your money judgment. You can file it with the recorder's office in the county where the debtor owns property. File an abstract of judgment in every county in which the debtor has property. If you have reason to believe she may acquire property in another county, file there as well.

Once you file the abstract of judgment, it becomes a lien on all real property the debtor owns in the county, including property she may later acquire. If the debtor sells or refinances the property, you must be paid before the lien will be released.

Don't Forget Post-Judgment Interest

Judgments accrue interest between the time they're entered and the time they're paid. A judgment in California accrues post-judgment interest at 10 percent per year from the date of the judgment. If the debtor is a state or local governmental entity, interest is only 7 percent a year.

Limited Life of Judgments

An abstract of judgment does not expire; it lasts as long as the judgment lasts which, in California, is 10 years from the date the judgment was entered. After 10 years, you can renew the judgment for a second 10-year period by filing the appropriate forms. If you do not, the judgment will expire, and you will no longer be able to collect on the debt.

When you renew, prepare a new abstract of judgment as well and file it in the appropriate counties, noting the date of the renewal.

  • Sacramento County Public Law Library: Abstract of Judgment - First Step in Placing a Judgment Lien
  • California Courts: Abstract of Judgment - Civil and Small Claims
  • California Courts: Collect From the Debtor's Property
  • California Courts: Collecting the Judgment
  • Sacramento County Public Law Library: Renewal of Judgment
  • Sacramento County Public Law Library: Adding Costs and Interest to a Judgment
  • Nolo: Judgment Liens on Property in California

Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.

Related Articles

  • What Is a Judgment Lien?
  • Laws on Money Judgments in South Carolina
  • How to Put a Lien on Someone

Watch CBS News

Read the full decision in Trump's New York civil fraud case

By Graham Kates

Edited By Stefan Becket, Paula Cohen

Updated on: February 16, 2024 / 8:27 PM EST / CBS News

The judge overseeing the civil fraud case in New York against former President Donald Trump and the Trump Organization has issued his long-awaited ruling , five weeks after the  trial in the case concluded . 

Judge Arthur Engoron ordered Trump and his company to pay $354 million in fines — a total that jumps to $453.5 million when pre-judgment interest is factored in. It also bars them from seeking loans from financial institutions in New York for a period of three years, and includes a three-year ban on Trump serving as an officer or director of any New York corporation. 

Additional penalties were ordered for Trump's sons, Eric and Donald Trump Jr., who are executives at the company, and two former executives, Allen Weisselberg and Jeffrey McConney.

New York Attorney General Letitia James  brought the civil suit  in 2022, seeking a  penalty that grew to $370 million  and asking the judge to bar Trump from doing business in the state. 

Judge Engoron had already ruled in September that Trump and the other defendants were  liable for fraud , based on the evidence presented through pretrial filings. 

The judge had largely affirmed James' allegations that Trump and others at his company had inflated valuations of his properties by hundreds of millions of dollars over a the course of a decade and misrepresented his wealth by billions in a scheme, the state said, intended to trick banks and insurers into offering more favorable deal terms.

Trump and his legal team long expected a defeat, with the former president decrying the case as "rigged" and a "sham" and his lawyers laying the groundwork for an appeal before the decision was even issued. He is expected to appeal.

Read Judge Engoron's decision here :

  • The Trump Organization
  • Donald Trump
  • Letitia James

Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at [email protected] or [email protected]

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The Arbitrazh Court of the City of Moscow denied recognition and enforcement of a foreign court judgment contrary to the interests of a client of the Law Office

A foreign company filed with the Russian arbitrazh court seeking recognition and enforcement in Russia of a foreign court judgment on a corporate dispute, which deprived a client of the Law Office of title to an equity interest in a Russian company.

The client was represented by attorneys Valentin Bytensky and Dmitry Sidur who successfully argued that the court of a foreign state had ruled on a dispute falling under the exclusive competence of Russian courts, which pursuant to arbitrazh procedural laws of Russia results in denial of recognition and enforcement of such foreign judgments.

The Arbitrazh Court of the City of Moscow agreed with these arguments and denied recognition and enforcement of a foreign court judgment in Russia.

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Peculiarities of the conduct of a case with attorneys of foreign jurisdiction..

  • Read more about Peculiarities of the conduct of a case with attorneys of foreign jurisdiction.

An individual is not entitled to file a lawsuit on the recognition of all types of construction works unauthorized construction and the responsibilities to carry out the demolition of unauthorized construction, recovery of lost profits

Solving the dispute, the appellate court agreed with the arguments of the Bureau’s attorney Anna Ivanova that the only prosecutor and other authorized bodies in according with the Federal law have the right to sue on the demolition of unauthorized construction, in particular the Department of Cultural Heritage, if the construction works are implemented on a cultural heritage or its territory. The Court also noted that, as a result of the construction work does not create a new property, the work can not be considered unauthorized construction.

  • Read more about An individual is not entitled to file a lawsuit on the recognition of all types of construction works unauthorized construction and the responsibilities to carry out the demolition of unauthorized construction, recovery of lost profits

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IMAGES

  1. Bexar Texas Abstract of Judgment

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  2. EJ-001 Abstract of Judgment—Civil and Small ...

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  2. CRITICAL THINKING # Logica Reasoning

  3. Comparison, Judgement, and Perfectionism

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COMMENTS

  1. Assignment of Judgment

    The procedure for Assignments of Judgment in the Fairfax General District Court is as follows: The request for entry of the assignment in the court's records should be made by Praecipe referencing the case number and the names of the Plaintiff and Defendant as set forth in the original judgment.

  2. Abstract of Judgment

    An abstract of judgment is a document created by a court that shows detailed information about a judgment rendered in court. The abstract of judgment lists the date of the judgment and the amount, as well as contact information for both the debtor and the creditor.

  3. California Code, Code of Civil Procedure

    The Amendment to Abstract of Judgment shall contain all of the information required by this section or by Section 4506 of the Family Code and shall set forth the date of recording and the book and page location in the records of the county recorder of the original abstract of judgment.

  4. California Code, Code of Civil Procedure

    California Code, Code of Civil Procedure - CCP § 673. (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment. (1) The title of the court where the judgment is entered and the cause and number of the action ...

  5. Assignment of Judgment for California State Superior Court

    Acknowledgment of Assignment of Judgment "An assignee of a judgment is not entitled to enforce the judgment... unless an acknowledgment of assignment of judgment to that assignee has been filed under § 673 or the assignee has otherwise become an assignee of record."

  6. abstract of judgment

    Abstract of judgement refers to a copy or summary of a court's judgement. Some common uses of the term "abstract of judgement" include: In the context of a civil case, abstract of judgement is a document disclosing a monetary award issued by the court in favor of a judgement creditor against a judgement debtor.

  7. N.J. Ct. R. 4:101

    Rule 4:101 - Civil Judgement and Order Docket. Rule 4:101-1. Abstracts to Be Entered (a) Entry on Civil Judgment and Order Docket. Upon payment by the proponent of the order or judgment of the fee prescribed by N.J.S.A. 22A:2-7, the Clerk of the Superior Court or, where provided by law or these rules, the deputy clerk of the Superior Court in the county of venue shall enter in the Civil ...

  8. What is an Abstract of Judgment and How Can You Find One

    Defining Abstract of Judgment. According to LegalDictionary.com, an Abstract of Judgment is a copy or summary of a judgment rendered by a court. The definition is nuanced to fit the case in which it is used. For example, an Abstract of Judgment in a criminal case could be used to prove a defendant's prior conviction.

  9. PDF EJ-001 Abstract of Judgment—Civil and Small Claims

    1. The judgment creditor assignee of record Amended FOR COURT USE ONLY applies for an abstract of judgment and represents the following: Judgment debtor's Name and last known address Driver's license no. [last 4 digits] and state: Unknown Social security no. [last 4 digits]: Unknown

  10. Abstract of judgment

    " Abstract of judgment " is a written summary of a judgment which states how much money the losing defendant owes to the person who won the lawsuit (judgment creditor ), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant ( judgment debtor) must obey, which abstract is acknowledg...

  11. Abstract of Judgment: Putting a Lien on Real Estate after a Judgment

    Preparing an Abstract of Judgment, Civil and Small Claims (EJ-001) is the first step a judgment creditor must take in order to place a lien on a judgment debtor's real property or a judgment debtor's potential recovery in a pending lawsuit.. Related Guides Bank Levy Debtor's Exam Enforcement of Judgments Memorandum of Costs Wage Garnishment. Putting a lien on real estate gives a judgment ...

  12. Enforcement of Judgments

    An Order of Examination, also called a Debtor's Examination, is a formal court proceeding during which a judgment creditor may question the judgment debtor about their income and property, to determine what assets are available to the creditor for collection of a judgment. For More Information

  13. What Is Abstract of Judgment California Law & How to File for It?

    In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ-001). The form asks for information regarding the debtor's name, last known address, driver's license number, and the amount of money the debtor owes you.

  14. Chapter 8. The Manner Of Giving And Entering Judgment :: California

    The Amendment to Abstract of Judgment shall contain all of the information required by this section or by Section 4506 of the Family Code, and shall set forth the date of recording and the book and page location in the records of the county recorder of the original abstract of judgment. A recorded Amendment to Abstract of Judgment shall have ...

  15. Document Types & Definitions

    20 Day Preliminary Notice Abstract of Judgment Assignment of Rents Certificate of Tax Lien Covenants, Conditions and Restrictions (CC&R's) Easement Federal Tax Lien Fictitious Deed of Trust Judgment Mechanic's Lien Military Discharge

  16. Lien your debtor's real property with an abstract of judgment

    An abstract of judgment is a document that you record to create a lien on any interest in real property your judgment debtor owns. Once properly recorded, your judgment debtor will not be able to sell or refinance the property unless they pay off the lien or get your approval to subordinate or release the lien.

  17. How to collect a judgment

    To get a lien, you first need an Abstract of Judgment. This is a written summary of what's owed in your case. ... This last type of collection is better handled through an assignment order which requires a formal motion. Till taps and keeper levies are more expensive than wage garnishments or bank levies, but they can be very effective.

  18. What Is an Abstract of Judgment in Texas?

    An abstract of judgment is a written summary which states how much money a losing defendant owes to the winning plaintiff in a lawsuit. This person who won the lawsuit and is owed the debt is the "judgment creditor." The person who lost the lawsuit and owes the debt is the "judgment debtor."

  19. What Is an Abstract of Judgment in California?

    An abstract of judgment does not expire; it lasts as long as the judgment lasts which, in California, is 10 years from the date the judgment was entered. After 10 years, you can renew the judgment for a second 10-year period by filing the appropriate forms. If you do not, the judgment will expire, and you will no longer be able to collect on ...

  20. PDF TABLE OF CONTENTS

    TABLE OF CONTENTS xiv Yearbook Comm. Arb'n XXI I (1997) Japan No. 7. Okayama District Court, Civil Section II, 14 July 1993 (Zhe-jiang Provincial Light Industrial Products Import & ExportCorp. v. Takeyari K.K.) 744 Kuw ait No. 1. Supreme Appeal Court of Kuwait, Cassation Circuit, 21

  21. FIRST SECTION

    District Court gave judgment. 30. The Golovinskiy District Court heard over forty witnesses and experts and examined religious literature and documents. It scrutinised the experts' report and took their oral testimony. A fifteen-page report by four experts endorsed the prosecutor's allegations, while the fifth expert ...

  22. PDF THE NINTH ARBITRATION COURT OF APPEAL RULING No.09АП-58134/2020

    In view of the foregoing the judgment of the first-instance court shall be cancelled, and the proceeding on this case shall be terminated. Pursuant to paragraph 3 of Part 1 of Article 333.40 of the Tax Code of RF the state duty paid shall be repaid in the sum of 50 percent in case of plaintiff's waiver of the suit at the stage of case

  23. Miami-Dade County court receiver files temporary injunction against

    The cases list over $41 million in combined claims from dozens of individuals and companies. Assignment for the benefit of creditors is a state court process where a company may liquidate its ...

  24. Read the full decision in Trump's New York civil fraud case

    The New York attorney general brought the suit against Trump and his company, seeking a ban on him from doing business in New York and a $370 million penalty.

  25. The Arbitrazh Court of the City of Moscow denied recognition and

    Solving the dispute, the appellate court agreed with the arguments of the Bureau's attorney Anna Ivanova that the only prosecutor and other authorized bodies in according with the Federal law have the right to sue on the demolition of unauthorized construction, in particular the Department of Cultural Heritage, if the construction works are implemented on a cultural heritage or its territory.