SECTIONS 683.110-683.220 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 683.110-683.220

683.110. (a) The period of enforceability of a money judgment or a
judgment for possession or sale of property may be extended by
renewal of the judgment as provided in this article.
(b) A judgment shall not be renewed under this article if the
application for renewal is filed within five years from the time the
judgment was previously renewed under this article.

683.120. (a) The judgment creditor may renew a judgment by filing
an application for renewal of the judgment with the court in which
the judgment was entered.
(b) Except as otherwise provided in this article, the filing of
the application renews the judgment in the amount determined under
Section 683.150 and extends the period of enforceability of the
judgment as renewed for a period of 10 years from the date the
application is filed.
(c) In the case of a money judgment payable in installments, for
the purposes of enforcement and of any later renewal, the amount of
the judgment as renewed shall be treated as a lump-sum money judgment
entered on the date the application is filed.

683.130. (a) In the case of a lump-sum money judgment or a judgment
for possession or sale of property, the application for renewal of
the judgment may be filed at any time before the expiration of the
10-year period of enforceability provided by Section 683.020 or, if
the judgment is a renewed judgment, at any time before the expiration
of the 10-year period of enforceability of the renewed judgment
provided by Section 683.120.
(b) In the case of a money judgment payable in installments, the
application for renewal of the judgment may be filed:
(1) If the judgment has not previously been renewed, at any time
as to past due amounts that at the time of filing are not barred by
the expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.
(2) If the judgment has previously been renewed, within the time
specified by subdivision (a) as to the amount of the judgment as
previously renewed and, as to any past due amounts that became due
and payable after the previous renewal, at any time before the
expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.

683.140. The application for renewal of the judgment shall be
executed under oath and shall include all of the following:
(a) The title of the court where the judgment is entered and the
cause and number of the action.
(b) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
(c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor.
(d) In the case of a money judgment, the information necessary to
compute the amount of the judgment as renewed. In the case of a
judgment for possession or sale of property, a description of the
performance remaining due.

683.150. (a) Upon the filing of the application, the court clerk
shall enter the renewal of the judgment in the court records.
(b) The fee for filing an application for renewal of judgment is
as provided in subdivision (b) of Section 70626 of the Government
Code.
(c) In the case of a money judgment, the entry of renewal shall
show the amount of the judgment as renewed. Except as provided in
subdivisions (d) and (e), this amount is the amount required to
satisfy the judgment on the date of the filing of the application for
renewal and includes the fee for the filing of the application for
renewal.
(d) In the case of a money judgment payable in installments not
previously renewed, the amount of the judgment as renewed is the
total of the past due installments, the costs added to the judgment
pursuant to Section 685.090, and the accrued interest, which remains
unsatisfied and is enforceable on the date of the filing of the
application for renewal and includes the fee for the filing of the
application for renewal.
(e) In the case of a money judgment payable in installments
previously renewed, the amount of the judgment as renewed under the
latest renewal is the total of the following which remains
unsatisfied and is enforceable on the date of the filing of the
application for the latest renewal:
(1) The amount of the judgment as renewed under the previous
renewal.
(2) The past due installments that became due and payable after
the previous renewal.
(3) The costs that have been added to the judgment pursuant to
Section 685.090 after the previous renewal.
(4) The interest that has accrued on the amounts described in
paragraphs (1), (2), and (3) since the last renewal.
(5) The fee for filing the application for renewal.
(f) In the case of a judgment for possession or sale of property,
the entry of renewal shall describe the performance remaining due.

683.160. (a) The judgment creditor shall serve a notice of renewal
of the judgment on the judgment debtor. Service shall be made
personally or by first-class mail and proof of service shall be filed
with the court clerk. The notice shall be in a form prescribed by
the Judicial Council and shall inform the judgment debtor that the
judgment debtor has 30 days within which to make a motion to vacate
or modify the renewal.
(b) Until proof of service is filed pursuant to subdivision (a),
no writ may be issued, nor may any enforcement proceedings be
commenced to enforce the judgment, except to the extent that the
judgment would be enforceable had it not been renewed.

683.170. (a) The renewal of a judgment pursuant to this article may
be vacated on any ground that would be a defense to an action on the
judgment, including the ground that the amount of the renewed
judgment as entered pursuant to this article is incorrect, and shall
be vacated if the application for renewal was filed within five years
from the time the judgment was previously renewed under this
article.
(b) Not later than 30 days after service of the notice of renewal
pursuant to Section 683.160, the judgment debtor may apply by noticed
motion under this section for an order of the court vacating the
renewal of the judgment. The notice of motion shall be served on the
judgment creditor. Service shall be made personally or by mail.
(c) Upon the hearing of the motion, the renewal may be ordered
vacated upon any ground provided in subdivision (a), and another and
different renewal may be entered, including, but not limited to, the
renewal of the judgment in a different amount if the decision of the
court is that the judgment creditor is entitled to renewal in a
different amount.

683.180. (a) If a judgment lien on an interest in real property has
been created pursuant to a money judgment and the judgment is
renewed pursuant to this article, the duration of the judgment lien
is extended until 10 years from the date of the filing of the
application for renewal if, before the expiration of the judgment
lien, a certified copy of the application for renewal is recorded
with the county recorder of the county where the real property
subject to the judgment lien is located.
(b) A judgment lien on an interest in real property that has been
transferred subject to the lien is not extended pursuant to
subdivision (a) if the transfer was recorded before the application
for renewal was filed unless both of the following requirements are
satisfied:
(1) A copy of the application for renewal is personally served on
the transferee.
(2) Proof of such service is filed with the court clerk within 90
days after the filing of the application for renewal.

683.190. If a lien (other than a judgment lien on an interest in
real property or an execution lien) has been created by an
enforcement procedure pursuant to a judgment and the judgment is
renewed pursuant to this article, the duration of the lien is
extended, subject to any other limitations on its duration under this
title, until 10 years from the date of the filing of the application
for renewal of the judgment if, before the expiration of the lien, a
certified copy of the application for renewal is served on or filed
with the same person and in the same manner as the notice or order
that created the lien.

683.200. If a judgment is renewed pursuant to this article, any
enforcement proceeding previously commenced pursuant to the judgment
or to a writ or order issued pursuant to the judgment that would have
ceased pursuant to Section 683.020 had the judgment not been renewed
may be continued, subject to any other limitations provided in this
title, if, before the expiration of the prior 10-year period of
enforceability, a certified copy of the application for renewal of
the judgment is filed with the levying officer, receiver, or other
officer acting pursuant to such writ or order or, in other cases, is
filed in the enforcement proceeding.

683.210. A judgment may be renewed notwithstanding any stay of
enforcement of the judgment, but the renewal of the judgment does not
affect the stay of enforcement.

683.220. If a judgment is renewed pursuant to this article, the
date of the filing of the application for renewal shall be deemed to
be the date that the period for commencing an action on the renewed
judgment commences to run under Section 337.5.