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There is another difference between these terms in criminal law, where the judgment is the legal decision of a judge in the matter of alleged crime, while sentence follows the judgement and sets forth the punishment for the crime.
A judgment is valid in ance with California Law for ten years, and then it will automatically expire. However, a judgment can be extended another ten years at the creditor's request as long as it's before the ten years expires.
If the court sent a Notice of Entry of Default If the court has your address, the clerk mails you a Notice of Entry of Default. If they sent this, you must file and serve the request to set aside within 180 days from the date you were served that notice.
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
If the judgment debtor owns real property, you may record an Abstract of Judgment with the County Recorder which will act as a lien against all real property owned by the judgment debtor in the county in which the lien is recorded. Complete an Abstract of Judgment (EJ-001)PDF and submit to the court to be issued.
Obtain the form: Download the CIV-100 form from the California Courts website. Fill in case information: Enter the case number, court name, and the names of the parties involved. Provide the plaintiff's details and address (Clio Draft can help autofill case info).
(b) Notice of entry of judgment Promptly upon entry of the award as a judgment, the clerk must serve notice of entry of judgment on all parties who have appeared in the case and must execute a certificate of service and place it in the court's file in the case. (Subd (b) amended effective January 1, 2016.)
To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located. Place a lien on a business.
Write the name and last known address of the judgment debtor in the space provided. You may also include any known aliases used by the judgment debtor. Fill in the last 4 digits of the judgment debtor's driver license number and state where it was issued, if you know them.
Step-by-Step Instructions Collect Supporting Evidence. Reserve Your Court Hearing and Determine Deadlines to File and Serve Motion. Prepare Your Motion and Proposed Response. Copy and Assemble Your Documents. Have the Motion Served and Attach the Proof of Service to Remaining Copies.
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