Placing A Judgment Lien Related Step-by-Step Guides

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saclaw.org Home Law 101Sacramento County Public Law Library& Civil Self Help Center609 9th St.ALERT: COVID-19 has temporarily changed the waycourts are CA 95814Sacramento,providing services. Our guides do not reflect these temporarychanges.(916)874-6012Contact the court directly for the most up to date information on courtprocesses and procedures. www.saccourt.ca.govABSTRACT OF JUDGMENTPlacing a Judgment LienRelated Step-by-Step GuidesThis Guide includes instructions and sample forms. Links todownload the fillable forms are at the end of this Guide.Additional copies of this Guide can be accessed atsaclaw.org/abstract-judgment. BACKGROUNDBank LevyDebtor’s ExamEnforcement of JudgmentsMemorandum of CostsWage GarnishmentPreparing an Abstract of Judgment, Civil and Small Claims (EJ-001) is the first step a judgmentcreditor must take in order to place a lien on a judgment debtor’s real property or a judgment debtor’spotential recovery in a pending lawsuit. Placing a lien gives a creditor the right to be paid from theproceeds of a sale of the debtor’s real property or from the debtor’s monetary award in anotherlawsuit. For information on how to foreclose upon a judgment debtor’s real property or place a lien ona lawsuit the debtor has against someone else, visit the California Courts’ Self-Help Website atwww.courts.ca.gov/11190.htm.Once you have completed the Abstract of Judgment, Civil and Small Claims (EJ-001), you must filethe form with the Superior Court that issued the judgment, so that the court clerk can certify thedocument. You will then need to take the certified abstract to the County Recorder’s office to recordthe document. After recording, you have a lien against any property held in the judgment debtor’sname.STEP-BY-STEP INSTRUCTIONSStep 1: Complete the FormTo place a judgment lien against real property, you must complete:Abstract of Judgment, Civil and Small Claims (EJ-001)Instructions are included at the end of this Guide.Step 2: Copying and AssemblingMake three copies of your completed Abstract of Judgment, Civil and Small Claims (EJ-001). Stapleeach of the photocopies, but leave the original unstapled. The originals will be scanned into thecourt’s filing system, and the staple will damage the scanner.You will also need to obtain a filed/endorsed (court-stamped) copy of your judgment andmemorandum of costs, if you’ve filed one. If you do not have copies of these documents, you maydownload copies from the court’s website: .Disclaimer: This Guide is intended as general information only. Your case may have factors requiringdifferent procedures or forms. The information and instructions are provided for use in theSacramento County Superior Court. Please keep in mind that each court may have differentrequirements. If you need further assistance consult a lawyer.

saclaw.orgAbstract of Judgment Home Law 101Step 3: File Your DocumentsFile the following items with the court: Abstract of Judgment, Civil and Small Claims (EJ-001) (original 2 copies)File-endorsed (stamped) copy of the judgment (2 copies)File-endorsed (stamped) copy of any previously-filed Memorandum of Costs after Judgment(MC-012) (2 copies)Check or credit card authorization for the filing fee (currently 40, current fees elf-addressed stamped envelope with sufficient postage to return the documents to you.File your documents in the dropbox at the Gordon D. Schaber Sacramento County Courthouse,located at 720 Ninth Street, Sacramento, CA 95814, Room 102. The clerk will return the originalabstract of judgment to you with the court’s seal on it. This may take several weeks.Step 4: Record the Abstract of JudgmentYou will need to record your abstract of judgment in each county where the judgment debtor ownsproperty. You need only record one abstract of judgment per county, even if the debtor owns multipleproperties. You may record an abstract of judgment even if the judgment debtor does not currentlyown property; this will allow a lien to be placed against any property the debtor may acquire in thefuture.For property located in Sacramento County, take the original certified Abstract of Judgment, Civil andSmall Claims to the Sacramento County Recorder’s Office, located at 600 8th Street, Sacramento,CA 95814, along with the recording and lien notification fees (currently 23 for recording the two-pageabstract of judgment, and 10 per debtor for involuntary lien notification; see current fees atwww.ccr.saccounty.net/Pages/Fees.aspx).If you are recording in another county, please be sure to check with that county’s Recorder’s Office todetermine the correct location for recording and the recording fee. Contact information for allCalifornia Recorders Offices can be found online at rs-and-Recorders.aspx.Step 5: What Happens Next?The county recorder will provide notice to the debtor that you have recorded the abstract of judgment.You will not be paid automatically, but if the debtor refinances or sells the property, you may get paidyour money with interest.FOR HELPSacramento County Public Law Library Civil Self Help Center609 9th Street, Sacramento 916) 476-2731 (Appointment Request Line)2saclaw.org/abstract-judgment

saclaw.orgAbstract of Judgment Home Law 101Services Provided: The Civil Self Help Center provides general information and basic assistance tothose without attorneys on a variety of civil legal issues. All assistance is provided by telephone orZoom videoconference. Visit “Issues We Can And Cannot Assist With” (saclaw.org/cshc-services) fora list of qualifying cases.Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento CountySuperior Court.IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THEMATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.H:\public\LRG-SBS\SbSs\Abstract of Judgment\Abstract of Judgment.docx6/21 mpjATTACHMENTS: FORMS AND INSTRUCTIONSThe Judicial Council form commonly used in this procedure is: Abstract of Judgment, Civil and Small Claims (EJ-001)Sample filled-in forms with instructions are available at the end of this Guide.3saclaw.org/abstract-judgment

saclaw.orgAbstract of Judgment Home Law 101Your name, address, and phone number. Checkthe box next to “Judgment Creditor.”Court name,address, andbranch.Case Number.Plaintiff’s andDefendant’s namesas they appeared onthe Complaint.Check“JudgmentCreditor.”Insert name and last known address of the judgment debtor. IfSocial Security and/or Driver’s License numbers are known,insert the last 4 digits. If not known, check “unknown.”Print yourname andaddress.Name and Address where Summons was served.Insert your name and date.Signature.Check the box that pertainsto your case.Insertexactamountthat isstated onyourjudgmentand datejudgmentwasentered.The Court Clerk willinsert the Court’s Sealand insert the date theAbstract was certified.saclaw.org/abstract-judgmentIf you are not attaching a certified copy of your judgmentcheck box 12(a). If you are, check box 12(b).4

saclaw.orgAbstract of Judgment Home Law 101Plaintiff’s and Defendant’s names as they appeared on the Complaint.Case Number.13-14: If there were any additional Judgment Creditors, insert their names and addresses here.16-19: If there were any additional Judgment Debtors, insert their names,addresses, the last four digits of their Driver’s License and Social Security numbers,and address where the Summons were served in the space provided. If the Driver’sLicense and/or Social Security numbers are not known, check “unknown.”5saclaw.org/abstract-judgment

Sacramento County Public Law Library Subject: Preparing an Abstract of Judgment, Civil and Small Claims \(EJ-001\) is the first step a judgment creditor must take in order to place a lien on a judgment debtor s real property or a judgment debtor s potential recovery in a pending lawsuit. Placing a li\ en gives a creditor the right to be paid .

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