The subject of this article is the assignment of a judgment in the State of California. A judgment creditor in California may assign his or her judgment to a third party, pursuant to Section 954 of the Civil Code.

Section 673 of the Code of Civil Procedure sets out in detail exactly what information must be included in the acknowledgment of adjudication that is filed with the Court. If the judgment assignment acknowledgment does not contain the information required by law, the judgment debtor may object to any enforcement action taken by the assignee of record.

Judgment assignments in California are now widely used compared to 20 years ago when the author worked in property management and collected court judgments for his employer.

However, the assignment must state that “all right, title, and interest” in the judgment is assigned to avoid any objection, as the California Supreme Court has ruled that the assignment of only a portion of the judgment is not likely to be valid unless that the judgment debtor consents or ratifies the assignment.

All judgment assignments the author uses to collect judgments state that “all right, title, and interest in and to the judgment” is being assigned.

An assignment of judgment in California generally transfers all rights the judgment creditor had to the assignee of record that has been declared by a California Court of Appeals.

“In doing so, the judgment creditor assigns the debt on which the judgment is based. By such assignment, the assignee normally acquires all the rights and remedies that the assignor possesses for the execution of the debt, subject, however, to the exceptions that the debtor had against the assignor.

A California Court of Appeals has ruled that, as long as the assignment of the judgment complies with the statutory provisions of the Code of Civil Procedure, a judgment debtor may not challenge the legal position of the assignee of the record judgment creditor’s authority to make the judgment. assignment.

Visit the following website to view any of the statutes cited in this article,

http://www.leginfo.ca.gov/calaw.html

An exception would be if the registered transferee lacks the capacity to enforce the judgment, such as a transferee that is a suspended corporation or something similar.

In the author’s 20+ years of experience collecting unpaid judgments in the state of California, he has had many judgment creditors “forget” that they had assigned their judgment to someone else and have tried to convince the author to do so. collection charge. He has been denied as the person who first becomes the assignee of record by filing an acknowledgment of assignment with the court or otherwise has priority pursuant to Civil Code Section 954.5(b).

The author sincerely hopes that you have enjoyed this article.

Sincerely,
Stan Burman

Copyright 2012 Stan Burman. All rights reserved.