State Codes and Statutes

Statutes > California > Ccp > 724.210-724.260

CODE OF CIVIL PROCEDURE
SECTION 724.210-724.260 



724.210.  As used in this chapter:
   (a) "Installment judgment" means a money judgment under which a
lien may be created on an interest in real property under Section
697.320.
   (b) "Matured installments" means the sum of all of the following:
   (1) All amounts and installments that have matured under an
installment judgment on or before the date specified in the demand
for an acknowledgment of satisfaction of matured installments under
an installment judgment.
   (2) The interest that has accrued on the installment judgment on
the date specified in the demand.
   (3) The costs that have been added to the installment judgment on
or before the date specified in the demand pursuant to Chapter 5
(commencing with Section 685.010) of Division 1.



724.220.  (a) If real property is subject to a judgment lien created
under an installment judgment, the judgment debtor or the owner of
real property subject to the judgment lien may serve on the judgment
creditor a demand in writing that the judgment creditor execute,
acknowledge, and deliver to the person who made the demand an
acknowledgment of satisfaction of matured installments under an
installment judgment. Service shall be made personally or by mail.
   (b) The demand shall include the following statement: "Important
warning. If the matured installments on this judgment have been
satisfied as of date specified in this demand, the law requires that
you comply with this demand not later than 15 days after you receive
it. (The " matured installments' are all amounts and installments
that are due and payable on or before the date specified in this
demand together with the accrued interest to that date and costs
added to the judgment on or before that date.) 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 matured installments have 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 matured installments have been satisfied as of the date
specified in the demand, the judgment creditor shall comply with the
demand not later than 15 days after actual receipt of the demand.




724.230.  If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
property subject to a judgment lien created under the installment
judgment 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 matured
installments have been satisfied as of the date specified in the
demand 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) make an order determining that the
matured installments as of the date specified in the demand have been
satisfied.



724.240.  (a) If the matured installments under the installment
judgment have been satisfied as of the date specified in the demand
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 a motion pursuant to Section 724.230 or in an
action.
   (b) The damages recoverable pursuant to subdivision (a) are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.


724.250.  (a) An acknowledgment of satisfaction of matured
installments under an installment judgment shall be made in the same
manner and by the same person as an acknowledgment of satisfaction of
judgment and 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. The judgment debtor's
name shall appear on the acknowledgment of satisfaction of matured
installments as it appears on the certified copy of the judgment that
was recorded to create the judgment lien.
   (4) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
   (5) A statement that the matured installments under the
installment judgment had been satisfied as of a specified date.
   (6) A statement whether a certified copy or abstract of the
judgment has been recorded in any county and, if so, a statement of
each county where the certified or abstract copy has been recorded
and the book and page of the county records where the certified copy
or abstract of the judgment has been recorded.
   (b) If any amount of child or spousal support provided in a
support order has been directed to be made to an officer designated
by statute or by the court pursuant to Article 4 (commencing with
Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code
or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9
of the Family Code or any other provision of law and the directive is
set forth in the certified copy or abstract of the judgment that was
recorded to create the judgment lien on real property, or in a
similarly recorded certified copy or abstract of an amended or
supplemental order, the acknowledgment of satisfaction of matured
installments under the installment judgment is not effective and does
not affect the judgment lien unless the acknowledgment is executed
by or approved in writing by the designated officer.



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

State Codes and Statutes

Statutes > California > Ccp > 724.210-724.260

CODE OF CIVIL PROCEDURE
SECTION 724.210-724.260 



724.210.  As used in this chapter:
   (a) "Installment judgment" means a money judgment under which a
lien may be created on an interest in real property under Section
697.320.
   (b) "Matured installments" means the sum of all of the following:
   (1) All amounts and installments that have matured under an
installment judgment on or before the date specified in the demand
for an acknowledgment of satisfaction of matured installments under
an installment judgment.
   (2) The interest that has accrued on the installment judgment on
the date specified in the demand.
   (3) The costs that have been added to the installment judgment on
or before the date specified in the demand pursuant to Chapter 5
(commencing with Section 685.010) of Division 1.



724.220.  (a) If real property is subject to a judgment lien created
under an installment judgment, the judgment debtor or the owner of
real property subject to the judgment lien may serve on the judgment
creditor a demand in writing that the judgment creditor execute,
acknowledge, and deliver to the person who made the demand an
acknowledgment of satisfaction of matured installments under an
installment judgment. Service shall be made personally or by mail.
   (b) The demand shall include the following statement: "Important
warning. If the matured installments on this judgment have been
satisfied as of date specified in this demand, the law requires that
you comply with this demand not later than 15 days after you receive
it. (The " matured installments' are all amounts and installments
that are due and payable on or before the date specified in this
demand together with the accrued interest to that date and costs
added to the judgment on or before that date.) 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 matured installments have 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 matured installments have been satisfied as of the date
specified in the demand, the judgment creditor shall comply with the
demand not later than 15 days after actual receipt of the demand.




724.230.  If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
property subject to a judgment lien created under the installment
judgment 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 matured
installments have been satisfied as of the date specified in the
demand 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) make an order determining that the
matured installments as of the date specified in the demand have been
satisfied.



724.240.  (a) If the matured installments under the installment
judgment have been satisfied as of the date specified in the demand
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 a motion pursuant to Section 724.230 or in an
action.
   (b) The damages recoverable pursuant to subdivision (a) are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.


724.250.  (a) An acknowledgment of satisfaction of matured
installments under an installment judgment shall be made in the same
manner and by the same person as an acknowledgment of satisfaction of
judgment and 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. The judgment debtor's
name shall appear on the acknowledgment of satisfaction of matured
installments as it appears on the certified copy of the judgment that
was recorded to create the judgment lien.
   (4) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
   (5) A statement that the matured installments under the
installment judgment had been satisfied as of a specified date.
   (6) A statement whether a certified copy or abstract of the
judgment has been recorded in any county and, if so, a statement of
each county where the certified or abstract copy has been recorded
and the book and page of the county records where the certified copy
or abstract of the judgment has been recorded.
   (b) If any amount of child or spousal support provided in a
support order has been directed to be made to an officer designated
by statute or by the court pursuant to Article 4 (commencing with
Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code
or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9
of the Family Code or any other provision of law and the directive is
set forth in the certified copy or abstract of the judgment that was
recorded to create the judgment lien on real property, or in a
similarly recorded certified copy or abstract of an amended or
supplemental order, the acknowledgment of satisfaction of matured
installments under the installment judgment is not effective and does
not affect the judgment lien unless the acknowledgment is executed
by or approved in writing by the designated officer.



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


State Codes and Statutes


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State Codes and Statutes

Statutes > California > Ccp > 724.210-724.260

CODE OF CIVIL PROCEDURE
SECTION 724.210-724.260 



724.210.  As used in this chapter:
   (a) "Installment judgment" means a money judgment under which a
lien may be created on an interest in real property under Section
697.320.
   (b) "Matured installments" means the sum of all of the following:
   (1) All amounts and installments that have matured under an
installment judgment on or before the date specified in the demand
for an acknowledgment of satisfaction of matured installments under
an installment judgment.
   (2) The interest that has accrued on the installment judgment on
the date specified in the demand.
   (3) The costs that have been added to the installment judgment on
or before the date specified in the demand pursuant to Chapter 5
(commencing with Section 685.010) of Division 1.



724.220.  (a) If real property is subject to a judgment lien created
under an installment judgment, the judgment debtor or the owner of
real property subject to the judgment lien may serve on the judgment
creditor a demand in writing that the judgment creditor execute,
acknowledge, and deliver to the person who made the demand an
acknowledgment of satisfaction of matured installments under an
installment judgment. Service shall be made personally or by mail.
   (b) The demand shall include the following statement: "Important
warning. If the matured installments on this judgment have been
satisfied as of date specified in this demand, the law requires that
you comply with this demand not later than 15 days after you receive
it. (The " matured installments' are all amounts and installments
that are due and payable on or before the date specified in this
demand together with the accrued interest to that date and costs
added to the judgment on or before that date.) 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 matured installments have 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 matured installments have been satisfied as of the date
specified in the demand, the judgment creditor shall comply with the
demand not later than 15 days after actual receipt of the demand.




724.230.  If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
property subject to a judgment lien created under the installment
judgment 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 matured
installments have been satisfied as of the date specified in the
demand 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) make an order determining that the
matured installments as of the date specified in the demand have been
satisfied.



724.240.  (a) If the matured installments under the installment
judgment have been satisfied as of the date specified in the demand
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 a motion pursuant to Section 724.230 or in an
action.
   (b) The damages recoverable pursuant to subdivision (a) are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.


724.250.  (a) An acknowledgment of satisfaction of matured
installments under an installment judgment shall be made in the same
manner and by the same person as an acknowledgment of satisfaction of
judgment and 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. The judgment debtor's
name shall appear on the acknowledgment of satisfaction of matured
installments as it appears on the certified copy of the judgment that
was recorded to create the judgment lien.
   (4) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
   (5) A statement that the matured installments under the
installment judgment had been satisfied as of a specified date.
   (6) A statement whether a certified copy or abstract of the
judgment has been recorded in any county and, if so, a statement of
each county where the certified or abstract copy has been recorded
and the book and page of the county records where the certified copy
or abstract of the judgment has been recorded.
   (b) If any amount of child or spousal support provided in a
support order has been directed to be made to an officer designated
by statute or by the court pursuant to Article 4 (commencing with
Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code
or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9
of the Family Code or any other provision of law and the directive is
set forth in the certified copy or abstract of the judgment that was
recorded to create the judgment lien on real property, or in a
similarly recorded certified copy or abstract of an amended or
supplemental order, the acknowledgment of satisfaction of matured
installments under the installment judgment is not effective and does
not affect the judgment lien unless the acknowledgment is executed
by or approved in writing by the designated officer.



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


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