Glossary

Judgment Collection Lexicon

 

ABSTRACT OF JUDGMENT

A decree issued by the court after entry of judgment and upon application by the judgment creditor which sets forth the title of the court, the date of entry of judgment, the name and last known address of the judgment debtor and other relevant particulars. When filed with the county recorder it creates a real property lien in that county. When filed in a pending action it liens a judgment debtor's interest in a lawsuit.

ACKNOWLEDGMENT OF SATISFACTION

A form filed with the court by the creditor when a judgment is satisfied which releases the judgment debtor from liability.

AFFIDAVIT OF IDENTITY

Affidavit executed by a judgment creditor which sets forth the additional names by which a judgment debtor is known. If ordered by the court the names will be added to a writ of execution or an abstract of judgment. CCP§ 680.135

ALTER EGO

One and the same. Where it is shown that there is a unity of interest without distinction, a creditor can amend the judgment to include the alter ego of the judgment debtor.

ASSIGNEE OF RECORD

A judgment creditor who acquired collection rights pursuant to filing an Acknowledgment of Assignment of Judgment with the court under CCP §673.

ASSIGNMENT ORDER

 An order obtained pursuant to noticed motion under CCP§ 708.510 assigning payments or non-employee income to a judgment creditor.

AUTOMATIC STAY

An immediate order to stop creditor actions issued by a bankruptcy court upon the filing of a bankruptcy petition

BANK LEVY

Action taken by creditor under writ of execution and with the aid of a levying officer to freeze and seize money out of a judgment debtor's bank account.

Bench warrant

An arrest warrant issued by the court for failing to obey a court order, i.e. failure to appear for a mandatory hearing. If served, a bench warrant is usually used to bring the arrested person before the judge.

CHARGING ORDER

An order obtained under CCP§ 708.310 attaching the judgment debtor's interest in a partnership or limited liability company to satisfy a money judgment.

CLAIM OF EXEMPTION

A claim filed by a judgment debtor with a levying officer explaining why assets/income should be exempt.

COMMUNITY PROPERTY

Assets or income acquired while married.

CREDITOR'S ACTION

A lawsuit against a third party who has created liability by refusing to comply with a levying officer,  fraudulently transferring property, or some other adversarial action which has impacted a judgment creditor's collection rights. [CCP§ 708.210-708.290]

DL-30

A form entitled 'Certificate of Facts RE Unsatisfied Judgment' that is filed with the DMV to suspend a judgment debtor's license for an unpaid judgment relating to an auto accident.

 

dictionary.jpg

DEBTOR EXAMINATION

Upon application by a judgment creditor, a court-ordered examination proceeding under CCP §708.110 requiring the appearance of a judgment debtor for the purpose of discovering assets.

DEFAULT JUDGMENT

 A judgment won by no contest when a defendant fails to answer a complaint.

DISCHARGE

An order by a bankruptcy court which releases a judgment debtor from certain specified types of debts.

DISMISSAL

An order by a bankruptcy court dismissing a bankruptcy case and lifting the protection of the automatic stay, restoring the debtor to the status prior to filing.

EX PARTE APPLICATION

Request for an order, either without notice to the other side, or with informal shortened notice.

FRAUDULENT TRANSFER

A transfer made by a debtor with the actual intent to hinder, delay or defraud a creditor. CA Civ Code §§3439-3439.12 [UFTA]

GARNISHMENT

Seizing a portion of a judgment debtor's wages, pursuant to service of a writ of execution and earnings withholding order upon the debtor's employer. CCP§ 706.010-706-154

KEEPER

Creditor's remedy using a writ of execution wherein the sheriff is installed in a debtor business to seize incoming funds. CCP§ 700.070

LIEN AVOIDANCE

Legal motion taken by a debtor in bankruptcy to eliminate a creditor's lien.

LIEN IN A PENDING ACTION

Attaching a judgment debtor's interest in a lawsuit by filing a notice under CCP §708.410-708-480 in the within action.

MEMORANDUM OF COSTS

A form filed with the court which adds allowable costs incurred within two years onto the judgment. CCP§685.050

MOTION TO VACATE

A motion filed by a judgment debtor under CCP§473 to vacate a default judgment.

NOTICE TO CONSUMER

Notice informing a judgment debtor that personal or employment records are being sought from a third party pursuant to subpoena as outlined under CCP §§ 1985.3, 1985.6.

ORAP LIEN

An automatic lien on a judgment debtor's personal property acquired under CCP§ 708.110(d) upon service of a judgment debtor examination.

 

 

 

 

PERFECTED LIEN

A lien which has priority over other creditors pursuant to recording at least 90 days prior to a debtor's bankruptcy filing.

PERSONAL PROPERTY LIEN

A lien on personal property subject to enforcement under CCP§ 695.010-695.070 which is created by the filing of Form JL-1 with the California Secretary of State.

PIERCE THE CORPORATE VEIL

A determination by which a creditor is able to lift corporate protection and hold owners, shareholders or members personally liable for a corporate judgment.

PRIVATE PLACEMENT ORDER

An order under CCP§ 699.030 allowing the levying officer to enter the private place of a judgment debtor for the purpose of retrieving an asset, the description of which and the location of which has been described with particularity in the order.

RECEIVER

A person appointed by a court to enforce the judgment under CCP§ 708.610-708.630 when circumstances indicate that a receiver is a reasonable method to marshal assets.

RENEWAL OF JUDGMENT

The process of filing an application for renewal with the court which extends the enforceability of a judgment for another ten years. Cannot be filed prior to 5 years after entry of judgment and no later than 10 years.

RESTITUTION ORDER

A criminal money judgment meant to compensate a victim of a crime.

REVERSE PIERCE

An attempt to hold a corporation liable for the debts of a shareholder. [In California, generally limited to alter ego trusts.]

SISTER-STATE JUDGMENT

An out-of-state (aka foreign) judgment.

SUBPOENA

 A writ ordering someone to appear and/or produce documents.

SWEETHEART LIEN

A fraudulent lien placed by an 'insider' for no reason other than to place a debtor's assets outside the reach of a creditor.

THIRD PARTY EXAMINATION

Upon application and affidavit, a court-ordered examination under CCP §708.120 requiring the appearance of a third-party who has possession or control of the judgment debtor's assets or who may owe the judgment debtor at least $250.00.

TILL TAP

Creditor remedy per writ of execution which directs the sheriff to enter a debtor business and seize all cash in the register.

TURNOVER ORDER

An order obtained either with notice or ex parte ordering the judgment debtor to transfer property and/or documents to the levying officer. CCP§§699.040, 708.205.

WRIT OF EXECUTION

A writ issued by the court upon application by the judgment creditor that authorizes and directs a levying officer or registered process server to execute on a judgment.