SECTIONS 724.010-724.100 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 724.010-724.100

724.010. (a) A money judgment may be satisfied by payment of the
full amount required to satisfy the judgment or by acceptance by the
judgment creditor of a lesser sum in full satisfaction of the
judgment.
(b) Where a money judgment is satisfied by levy, the obligation of
the judgment creditor to give or file an acknowledgment of
satisfaction arises only when the judgment creditor has received the
full amount required to satisfy the judgment from the levying
officer.
(c) Where a money judgment is satisfied by payment to the judgment
creditor by check or other form of noncash payment that is to be
honored upon presentation by the judgment creditor for payment, the
obligation of the judgment creditor to give or file an acknowledgment
of satisfaction of judgment arises only when the check or other form
of noncash payment has actually been honored upon presentation for
payment.

724.020. The court clerk shall enter satisfaction of a money
judgment in the register of actions when the following occur:
(a) A writ is returned satisfied for the full amount of a lump-sum
judgment.
(b) An acknowledgment of satisfaction of judgment is filed with
the court.
(c) The court orders entry of satisfaction of judgment.

724.030. When a money judgment is satisfied, the judgment creditor
immediately shall file with the court an acknowledgment of
satisfaction of judgment. This section does not apply where the
judgment is satisfied in full pursuant to a writ.

724.040. If an abstract of a money judgment has been recorded with
the recorder of any county and the judgment is satisfied, the
judgment creditor shall immediately do both of the following:
(a) File an acknowledgment of satisfaction of judgment with the
court.
(b) Serve an acknowledgment of satisfaction of judgment on the
judgment debtor. Service shall be made personally or by mail.

724.050. (a) If a money judgment has been satisfied, the judgment
debtor, the owner of real or personal property subject to a judgment
lien created under the judgment, or a person having a security
interest in or a lien on personal property subject to a judgment lien
created under the judgment may serve personally or by mail on the
judgment creditor a demand in writing that the judgment creditor do
one or both of the following:
(1) File an acknowledgment of satisfaction of judgment with the
court.
(2) Execute, acknowledge, and deliver an acknowledgment of
satisfaction of judgment to the person who made the demand.
(b) The demand shall include the following statement: "Important
warning. If this judgment has been satisfied, the law requires that
you comply with this demand not later than 15 days after you receive
it. If a court proceeding is necessary to compel you to comply with
this demand, you will be required to pay my reasonable attorney's
fees in the proceeding if the court determines that the judgment has
been satisfied and that you failed to comply with the demand. In
addition, if the court determines that you failed without just cause
to comply with this demand within the 15 days allowed, you will be
liable for all damages I sustain by reason of such failure and will
also forfeit one hundred dollars to me."
(c) If the judgment has been satisfied, the judgment creditor
shall comply with the demand not later than 15 days after actual
receipt of the demand.
(d) If the judgment creditor does not comply with the demand
within the time allowed, the person making the demand may apply to
the court on noticed motion for an order requiring the judgment
creditor to comply with the demand. The notice of motion shall be
served on the judgment creditor. Service shall be made personally or
by mail. If the court determines that the judgment has been satisfied
and that the judgment creditor has not complied with the demand, the
court shall either (1) order the judgment creditor to comply with
the demand or (2) order the court clerk to enter satisfaction of the
judgment.
(e) If the judgment has been satisfied and the judgment creditor
fails without just cause to comply with the demand within the time
allowed, the judgment creditor is liable to the person who made the
demand for all damages sustained by reason of such failure and shall
also forfeit one hundred dollars ($100) to such person. Liability
under this subdivision may be determined in the proceedings on the
motion pursuant to subdivision (d) or in an action.

724.060. (a) An acknowledgment of satisfaction of judgment shall
contain the following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names and addresses of the judgment creditor, the judgment
debtor, and the assignee of record if any. If an abstract of the
judgment has been recorded in any county, the judgment debtor's name
shall appear on the acknowledgment of satisfaction of judgment as it
appears on the abstract of judgment.
(4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) A statement either that the judgment is satisfied in full or
that the judgment creditor has accepted payment or performance other
than that specified in the judgment in full satisfaction of the
judgment.
(6) A statement whether an abstract of the judgment has been
recorded in any county and, if so, a statement of each county where
the abstract has been recorded and the book and page of the county
records where the abstract has been recorded, and a notice that the
acknowledgment of satisfaction of judgment (or a court clerk's
certificate of satisfaction of judgment) will have to be recorded
with the county recorder of each county where the abstract of
judgment has been recorded in order to release the judgment lien on
real property in that county.
(7) A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if such a notice has
been filed, a statement of the file number of such notice, and a
notice that the acknowledgment of satisfaction of judgment (or a
court clerk's certificate of satisfaction of judgment) will have to
be filed in that office in order to terminate the judgment lien on
personal property.
(b) The acknowledgment of satisfaction of judgment shall be made
in the manner of an acknowledgment of a conveyance of real property.
(c) The acknowledgment of satisfaction of judgment shall be
executed and acknowledged by one of the following:
(1) The judgment creditor.
(2) The assignee of record.
(3) The attorney for the judgment creditor or assignee of record
unless a revocation of the attorney's authority is filed.
(4) The local child support agency director or his or her
designee, if the local child support agency has been providing child
support services pursuant to Section 17400 of the Family Code. The
acknowledgment of satisfaction of judgment may be recorded by the
local child support agency pursuant to Section 27282 of the
Government Code.

724.070. (a) If a judgment creditor intentionally conditions
delivery of an acknowledgment of satisfaction of judgment upon the
performance of any act or the payment of an amount in excess of that
to which the judgment creditor is entitled under the judgment, the
judgment creditor is liable to the judgment debtor for all damages
sustained by reason of such action or two hundred fifty dollars
($250), whichever is the greater amount.
(b) Subdivision (a) does not apply if the judgment creditor has
agreed to deliver an acknowledgment of satisfaction of judgment to
the judgment debtor prior to full satisfaction of the judgment in
consideration for the judgment debtor's agreement either to furnish
security or to execute a promissory note, or both, the principal
amount of which does not exceed the amount to which the judgment
creditor is entitled under the judgment.

724.080. In an action or proceeding maintained pursuant to this
chapter, the court shall award reasonable attorney's fees to the
prevailing party.

724.090. The damages recoverable pursuant to this chapter are not
in derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.

724.100. (a) If satisfaction of a judgment has been entered in the
register of actions, the court clerk shall issue a certificate of
satisfaction of judgment upon application therefor and payment of the
fee as provided in subdivision (a) of Section 70626 of the
Government Code.
(b) The certificate of satisfaction of judgment shall contain the
following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names of the judgment creditor and the judgment debtor.
(4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) The date of entry of satisfaction of judgment and where it was
entered in the register of actions.