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

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

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 release must state that “all right, title and interest” in the judgment is assigned to avoid any objection, since the California Supreme Court has ruled that the release of only a portion of the judgment is likely to be invalid unless that the judgment debtor consents or ratifies the assignment.

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

A California judgment assignment generally transfers all rights that the judgment creditor had to the assignee of record as 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 rights and remedies possessed by the assignor for the enforcement 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 judgment complies with the statutory provisions of the Code of Civil Procedure, a judgment debtor may not challenge the assignee’s legal capacity of the record judgment creditor’s authority to make the 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 transferee of record lacks the ability 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 get it. collection charge. He has refused as the person who first becomes the transferee of record by filing an acknowledgment of assignment with the court or otherwise takes precedence, 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.