Contra Costa California Notice of Special or Charging Lien on Judgment

Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-02605BG
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Word; 
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Description

In many jurisdictions, the requirements as to the sufficiency of notice of lien are prescribed by statute. Counsel should be certain to consult the applicable statutes in the particular jurisdiction to ensure full compliance with the necessary requirements.

Contra Costa County, situated in the state of California, provides specific procedures for enforcing judgments through a Notice of Special or Charging Lien on Judgment. This notice serves as a legal tool to secure a lien against the debtor's property in order to receive payment for the judgment owed. Issuing a Notice of Special or Charging Lien on Judgment in Contra Costa California involves a detailed process. First, the judgment creditor files a Notice of Judgment Lien with the County Clerk-Recorder's Office, indicating the judgment amount, case details, and the debtor's name. Once this initial step is completed, the creditor may move forward with a Notice of Special or Charging Lien on Judgment. There are several types of Contra Costa California Notices of Special or Charging Lien on Judgment, each suitable for particular situations. These include: 1. Lien on Real Property: If the debtor owns real estate within Contra Costa County, the creditor can secure their claim by placing a lien on the property. This type of lien ensures the creditor will be paid from the proceeds when the property is sold. 2. Attachment Lien: This type of lien allows the creditor to seize the debtor's personal property, such as vehicles or valuable assets, to satisfy the judgment. The creditor must follow the appropriate legal procedures to obtain a court order for attaching the debtor's property. 3. Wage Garnishment: In certain circumstances, the creditor can request wage garnishment, which involves deducting a portion of the debtor's wages directly from their paycheck. This continuous deduction helps ensure regular payments towards satisfying the judgment debt. 4. Bank Levy: When a debtor has funds in a bank account located within Contra Costa County, the creditor can initiate a bank levy to freeze those funds. The bank is then obligated to release the funds to the creditor, up to the amount owed in the judgment. Each type of lien has specific requirements and procedures dictated by Contra Costa County, California laws. It is essential for creditors to understand these requirements thoroughly and follow them accordingly to enforce their judgment effectively. In summary, the Contra Costa California Notice of Special or Charging Lien on Judgment enables creditors to secure their rights and collect the outstanding debt owed to them. By utilizing various types of liens, including those on real property, attachment liens, wage garnishments, and bank levies, creditors have multiple avenues to pursue payment and satisfy their judgments appropriately.

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FAQ

You can place a lien on the debtor's recovery in a pending lawsuit by: Having the court issue an Abstract of Judgment Civil and Small Claims (Form EJ-001 ).Prepare a Notice of Lien (Form EJ-185 ). File the 2 forms with the court where the debtor's lawsuit is pending.

How long does a judgment lien last in California? A judgment lien in California will remain attached to the debtor's property (even if the property changes hands) for ten years.

Judgment creditors can only seize property that isn't protected by an exemption. This includes real property and personal property.

An abstract of judgment does not expire; it lasts as long as the judgment lasts which, in California, is 10 years from the date the judgment was entered. After 10 years, you can renew the judgment for a second 10-year period by filing the appropriate forms.

Complete an Abstract of Judgment (EJ-001). Have it issued by the clerk and pay the issuance fee by submitting the document to the court location where your case was filed or you may also submit the document by eFile. Give the original issued Abstract to the County Recorder and pay their recording fee.

California 704 Motor Vehicle Exemption Personal Property. Wages. Retirement & Pensions. Public Benefits. Tools of Trade. Insurance. Miscellaneous. Personal Property.

Any federal, state, or local government financial assistance made in response to the COVID-19 pandemic, including CARES Act stimulus payments, are exempt from any attachment, levy, execution, or garnishment. You won't have to complete a form or make a motion with the court to protect the funds.

Assets that creditors can seize Bank accounts. Investment accounts. Inheritances. Assets owned by your spouse. Personal homes (different from state to state) Rental properties. Vehicles. Business equipment.

California state court money judgments automatically expire 10 years after they become final. After that date, the judgment is unenforceable. In order to prevent a judgment from expiring, a judgment creditor should renew the judgment before 10 years runs out.

You can place a lien on the debtor's recovery in a pending lawsuit by: Having the court issue an Abstract of Judgment Civil and Small Claims (Form EJ-001 ).Prepare a Notice of Lien (Form EJ-185 ). File the 2 forms with the court where the debtor's lawsuit is pending.

More info

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Contra Costa California Notice of Special or Charging Lien on Judgment