116.810. (a) Enforcement of the judgment of a small claims court,
including the issuance or recording of any abstract of the judgment,
is automatically suspended, without the filing of a bond by the
defendant, until the expiration of the time for appeal.
(b) If an appeal is filed as provided in Article 7 (commencing
with Section 116.710), enforcement of the judgment of the small
claims court is suspended unless (1) the appeal is dismissed by the
superior court pursuant to Section 116.795, or (2) the superior court
determines that the small claims court properly denied the defendant'
s motion to vacate filed under Section 116.730 or 116.740. In either
of those events, the judgment of the small claims court may be
enforced.
(c) The scope of the suspension of enforcement under this section
and, unless otherwise ordered, of any suspension of enforcement
ordered by the court, shall include any enforcement procedure
described in Title 9 (commencing with Section 680.010) of Part 2 and
in Sections 674 and 1174.
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d) of
Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) The clerk of the court shall charge and collect all fees
associated with the enforcement of judgments under Title 9
(commencing with Section 680.010) of Part 2. The clerk shall
immediately deposit all the fees collected under this section into a
bank account established for this purpose by the Administrative
Office of the Courts. The money shall be remitted to the State
Treasury under rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206 of the Government Code. The Controller shall
distribute the fees to the Trial Court Trust Fund as provided in
Section 68085.1 of the Government Code.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
116.830. (a) At the time judgment is rendered, or notice of entry
of the judgment is mailed to the parties, the clerk shall deliver or
mail to the judgment debtor a form containing questions regarding the
nature and location of any assets of the judgment debtor.
(b) Within 30 days after the clerk has mailed notice of entry of
the judgment, unless the judgment has been satisfied, the judgment
debtor shall complete the form and cause it to be delivered to the
judgment creditor.
(c) In the event a motion is made to vacate the judgment or a
notice of appeal is filed, a judgment debtor shall complete and
deliver the form within 30 days after the clerk has delivered or
mailed notice of denial of the motion to vacate, or notice of
dismissal of or entry of judgment on the appeal, whichever is
applicable.
(d) In case of the judgment debtor's willful failure to comply
with subdivision (b) or (c), the judgment creditor may request the
court to apply the sanctions, including arrest and attorney's fees,
as provided in Section 708.170, on contempt of court.
(e) The Judicial Council shall approve or adopt the form to be
used for the purpose of this section.
116.840. (a) At the option of the judgment debtor, payment of the
judgment may be made either (1) to the judgment creditor in
accordance with Section 116.850, or (2) to the court in which the
judgment was entered in accordance with Section 116.860.
(b) The small claims court may order entry of satisfaction of
judgment in accordance with subdivisions (c) and (d) of Section
116.850, or subdivision (b) of Section 116.860.
116.850. (a) If full payment of the judgment is made to the
judgment creditor or to the judgment creditor's assignee of record,
then immediately upon receipt of payment, the judgment creditor or
assignee shall file with the clerk of the court an acknowledgment of
satisfaction of the judgment.
(b) Any judgment creditor or assignee of record who, after
receiving full payment of the judgment and written demand by the
judgment debtor, fails without good cause to execute and file an
acknowledgment of satisfaction of the judgment with the clerk of the
court in which the judgment is entered within 14 days after receiving
the request, is liable to the judgment debtor or the judgment debtor'
s grantees or heirs for all damages sustained by reason of the
failure and, in addition, the sum of fifty dollars ($50).
(c) The clerk of the court shall enter a satisfaction of judgment
at the request of the judgment debtor if the judgment debtor either
(1) establishes a rebuttable presumption of full payment under
subdivision (d), or (2) establishes a rebuttable presumption of
partial payment under subdivision (d) and complies with subdivision
(c) of Section 116.860.
(d) A rebuttable presumption of full or partial payment of the
judgment, whichever is applicable, is created if the judgment debtor
files both of the following with the clerk of the court in which the
judgment was entered:
(1) Either a canceled check or money order for the full or partial
amount of the judgment written by the judgment debtor after judgment
and made payable to and endorsed by the judgment creditor, or a cash
receipt for the full or partial amount of the judgment written by
the judgment debtor after judgment and signed by the judgment
creditor.
(2) A declaration stating that (A) the judgment debtor has made
full or partial payment of the judgment including accrued interest
and costs; (B) the judgment creditor has been requested to file an
acknowledgment of satisfaction of the judgment and refuses to do so,
or refuses to accept subsequent payments, or the present address of
the judgment creditor is unknown; and (C) the documents identified in
and accompanying the declaration constitute evidence of the judgment
creditor's receipt of full or partial payment.
116.860. (a) A judgment debtor who desires to make payment to the
court in which the judgment was entered may file a request to make
payment, which shall be made on a form approved or adopted by the
Judicial Council.
(b) Upon the filing of the request to make payment and the payment
to the clerk of the amount of the judgment and any accrued interest
and costs after judgment, plus any required fee authorized by this
section, the clerk shall enter satisfaction of the judgment and shall
remit payment to the judgment creditor as provided in this section.
(c) If partial payment of the judgment has been made to the
judgment creditor, and the judgment debtor files the declaration and
evidence of partial payment described in subdivision (d) of Section
116.850, the clerk shall enter satisfaction of the judgment upon
receipt by the clerk of the balance owing on the judgment, including
any accrued interest and costs after judgment, and the fee required
by this section.
(d) If payment is made by means other than money order, certified
or cashier's check, or cash, entry of satisfaction of the judgment
shall be delayed for 30 days.
(e) The clerk shall notify the judgment creditor, at his or her
last known address, that the judgment debtor has satisfied the
judgment by making payment to the court. The notification shall
explain the procedures which the judgment creditor has to follow to
receive payment.
(f) For purposes of this section, "costs after judgment" consist
of only those costs itemized in a memorandum of costs filed by the
judgment creditor or otherwise authorized by the court.
(g) Payments that remain unclaimed for three years shall go to the
superior court pursuant to Section 68084.1 of the Government Code.
(h) A fee of twenty dollars ($20) shall be paid by the judgment
debtor for the costs of administering this section.
116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to
operate a motor vehicle for failing to satisfy a judgment, apply if
the judgment (1) was for damage to property in excess of seven
hundred fifty dollars ($750) or for bodily injury to, or death of, a
person in any amount, and (2) resulted from the operation of a motor
vehicle upon a California highway by the defendant, or by any other
person for whose conduct the defendant was liable, unless the
liability resulted from the defendant's signing the application of a
minor for a driver's license.
116.880. (a) If the judgment (1) was for seven hundred fifty
dollars ($750) or less, (2) resulted from a motor vehicle accident
occurring on a California highway caused by the defendant's operation
of a motor vehicle, and (3) has remained unsatisfied for more than
90 days after the judgment became final, the judgment creditor may
file with the Department of Motor Vehicles a notice requesting a
suspension of the judgment debtor's privilege to operate a motor
vehicle.
(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not been
satisfied. The fee shall be used by the department to finance the
costs of administering this section and may not exceed the department'
s actual costs.
(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise by
certified mail, that the judgment debtor's privilege to operate a
motor vehicle will be suspended for a period of 90 days, beginning 20
days after receipt of notice by the department from the judgment
creditor, unless satisfactory proof, as provided in subdivision (e),
is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the
judgment creditor a copy of the notice that shall indicate the
filing fee paid by the judgment creditor, and shall include a space
to be signed by the judgment creditor acknowledging payment of the
judgment by the judgment debtor. The judgment creditor shall mail or
deliver a signed copy of the acknowledgment to the judgment debtor
once the judgment is satisfied.
(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of one or more of the
following:
(1) Receipt of proof that the judgment has been satisfied, either
(A) by a copy of the notice required by this section signed by the
judgment creditor acknowledging satisfaction of the judgment, or (B)
by a declaration of the judgment debtor stating that the judgment has
been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a
court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied
judgment, if the judgment debtor presents proof, satisfactory to the
department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) When the suspension has been terminated under subdivision (e),
the action is final and may not be reinstituted. Whenever the
suspension is terminated, Section 14904 of the Vehicle Code shall
apply. Money deposited with the department under this section shall
be handled in the same manner as money deposited under subdivision
(d) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the
suspension, termination of suspension, or the failure to suspend a
person's privilege to operate a motor vehicle as authorized by this
section.
116.810. (a) Enforcement of the judgment of a small claims court,
including the issuance or recording of any abstract of the judgment,
is automatically suspended, without the filing of a bond by the
defendant, until the expiration of the time for appeal.
(b) If an appeal is filed as provided in Article 7 (commencing
with Section 116.710), enforcement of the judgment of the small
claims court is suspended unless (1) the appeal is dismissed by the
superior court pursuant to Section 116.795, or (2) the superior court
determines that the small claims court properly denied the defendant'
s motion to vacate filed under Section 116.730 or 116.740. In either
of those events, the judgment of the small claims court may be
enforced.
(c) The scope of the suspension of enforcement under this section
and, unless otherwise ordered, of any suspension of enforcement
ordered by the court, shall include any enforcement procedure
described in Title 9 (commencing with Section 680.010) of Part 2 and
in Sections 674 and 1174.
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d) of
Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) The clerk of the court shall charge and collect all fees
associated with the enforcement of judgments under Title 9
(commencing with Section 680.010) of Part 2. The clerk shall
immediately deposit all the fees collected under this section into a
bank account established for this purpose by the Administrative
Office of the Courts. The money shall be remitted to the State
Treasury under rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206 of the Government Code. The Controller shall
distribute the fees to the Trial Court Trust Fund as provided in
Section 68085.1 of the Government Code.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
116.830. (a) At the time judgment is rendered, or notice of entry
of the judgment is mailed to the parties, the clerk shall deliver or
mail to the judgment debtor a form containing questions regarding the
nature and location of any assets of the judgment debtor.
(b) Within 30 days after the clerk has mailed notice of entry of
the judgment, unless the judgment has been satisfied, the judgment
debtor shall complete the form and cause it to be delivered to the
judgment creditor.
(c) In the event a motion is made to vacate the judgment or a
notice of appeal is filed, a judgment debtor shall complete and
deliver the form within 30 days after the clerk has delivered or
mailed notice of denial of the motion to vacate, or notice of
dismissal of or entry of judgment on the appeal, whichever is
applicable.
(d) In case of the judgment debtor's willful failure to comply
with subdivision (b) or (c), the judgment creditor may request the
court to apply the sanctions, including arrest and attorney's fees,
as provided in Section 708.170, on contempt of court.
(e) The Judicial Council shall approve or adopt the form to be
used for the purpose of this section.
116.840. (a) At the option of the judgment debtor, payment of the
judgment may be made either (1) to the judgment creditor in
accordance with Section 116.850, or (2) to the court in which the
judgment was entered in accordance with Section 116.860.
(b) The small claims court may order entry of satisfaction of
judgment in accordance with subdivisions (c) and (d) of Section
116.850, or subdivision (b) of Section 116.860.
116.850. (a) If full payment of the judgment is made to the
judgment creditor or to the judgment creditor's assignee of record,
then immediately upon receipt of payment, the judgment creditor or
assignee shall file with the clerk of the court an acknowledgment of
satisfaction of the judgment.
(b) Any judgment creditor or assignee of record who, after
receiving full payment of the judgment and written demand by the
judgment debtor, fails without good cause to execute and file an
acknowledgment of satisfaction of the judgment with the clerk of the
court in which the judgment is entered within 14 days after receiving
the request, is liable to the judgment debtor or the judgment debtor'
s grantees or heirs for all damages sustained by reason of the
failure and, in addition, the sum of fifty dollars ($50).
(c) The clerk of the court shall enter a satisfaction of judgment
at the request of the judgment debtor if the judgment debtor either
(1) establishes a rebuttable presumption of full payment under
subdivision (d), or (2) establishes a rebuttable presumption of
partial payment under subdivision (d) and complies with subdivision
(c) of Section 116.860.
(d) A rebuttable presumption of full or partial payment of the
judgment, whichever is applicable, is created if the judgment debtor
files both of the following with the clerk of the court in which the
judgment was entered:
(1) Either a canceled check or money order for the full or partial
amount of the judgment written by the judgment debtor after judgment
and made payable to and endorsed by the judgment creditor, or a cash
receipt for the full or partial amount of the judgment written by
the judgment debtor after judgment and signed by the judgment
creditor.
(2) A declaration stating that (A) the judgment debtor has made
full or partial payment of the judgment including accrued interest
and costs; (B) the judgment creditor has been requested to file an
acknowledgment of satisfaction of the judgment and refuses to do so,
or refuses to accept subsequent payments, or the present address of
the judgment creditor is unknown; and (C) the documents identified in
and accompanying the declaration constitute evidence of the judgment
creditor's receipt of full or partial payment.
116.860. (a) A judgment debtor who desires to make payment to the
court in which the judgment was entered may file a request to make
payment, which shall be made on a form approved or adopted by the
Judicial Council.
(b) Upon the filing of the request to make payment and the payment
to the clerk of the amount of the judgment and any accrued interest
and costs after judgment, plus any required fee authorized by this
section, the clerk shall enter satisfaction of the judgment and shall
remit payment to the judgment creditor as provided in this section.
(c) If partial payment of the judgment has been made to the
judgment creditor, and the judgment debtor files the declaration and
evidence of partial payment described in subdivision (d) of Section
116.850, the clerk shall enter satisfaction of the judgment upon
receipt by the clerk of the balance owing on the judgment, including
any accrued interest and costs after judgment, and the fee required
by this section.
(d) If payment is made by means other than money order, certified
or cashier's check, or cash, entry of satisfaction of the judgment
shall be delayed for 30 days.
(e) The clerk shall notify the judgment creditor, at his or her
last known address, that the judgment debtor has satisfied the
judgment by making payment to the court. The notification shall
explain the procedures which the judgment creditor has to follow to
receive payment.
(f) For purposes of this section, "costs after judgment" consist
of only those costs itemized in a memorandum of costs filed by the
judgment creditor or otherwise authorized by the court.
(g) Payments that remain unclaimed for three years shall go to the
superior court pursuant to Section 68084.1 of the Government Code.
(h) A fee of twenty dollars ($20) shall be paid by the judgment
debtor for the costs of administering this section.
116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to
operate a motor vehicle for failing to satisfy a judgment, apply if
the judgment (1) was for damage to property in excess of seven
hundred fifty dollars ($750) or for bodily injury to, or death of, a
person in any amount, and (2) resulted from the operation of a motor
vehicle upon a California highway by the defendant, or by any other
person for whose conduct the defendant was liable, unless the
liability resulted from the defendant's signing the application of a
minor for a driver's license.
116.880. (a) If the judgment (1) was for seven hundred fifty
dollars ($750) or less, (2) resulted from a motor vehicle accident
occurring on a California highway caused by the defendant's operation
of a motor vehicle, and (3) has remained unsatisfied for more than
90 days after the judgment became final, the judgment creditor may
file with the Department of Motor Vehicles a notice requesting a
suspension of the judgment debtor's privilege to operate a motor
vehicle.
(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not been
satisfied. The fee shall be used by the department to finance the
costs of administering this section and may not exceed the department'
s actual costs.
(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise by
certified mail, that the judgment debtor's privilege to operate a
motor vehicle will be suspended for a period of 90 days, beginning 20
days after receipt of notice by the department from the judgment
creditor, unless satisfactory proof, as provided in subdivision (e),
is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the
judgment creditor a copy of the notice that shall indicate the
filing fee paid by the judgment creditor, and shall include a space
to be signed by the judgment creditor acknowledging payment of the
judgment by the judgment debtor. The judgment creditor shall mail or
deliver a signed copy of the acknowledgment to the judgment debtor
once the judgment is satisfied.
(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of one or more of the
following:
(1) Receipt of proof that the judgment has been satisfied, either
(A) by a copy of the notice required by this section signed by the
judgment creditor acknowledging satisfaction of the judgment, or (B)
by a declaration of the judgment debtor stating that the judgment has
been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a
court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied
judgment, if the judgment debtor presents proof, satisfactory to the
department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) When the suspension has been terminated under subdivision (e),
the action is final and may not be reinstituted. Whenever the
suspension is terminated, Section 14904 of the Vehicle Code shall
apply. Money deposited with the department under this section shall
be handled in the same manner as money deposited under subdivision
(d) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the
suspension, termination of suspension, or the failure to suspend a
person's privilege to operate a motor vehicle as authorized by this
section.
116.810. (a) Enforcement of the judgment of a small claims court,
including the issuance or recording of any abstract of the judgment,
is automatically suspended, without the filing of a bond by the
defendant, until the expiration of the time for appeal.
(b) If an appeal is filed as provided in Article 7 (commencing
with Section 116.710), enforcement of the judgment of the small
claims court is suspended unless (1) the appeal is dismissed by the
superior court pursuant to Section 116.795, or (2) the superior court
determines that the small claims court properly denied the defendant'
s motion to vacate filed under Section 116.730 or 116.740. In either
of those events, the judgment of the small claims court may be
enforced.
(c) The scope of the suspension of enforcement under this section
and, unless otherwise ordered, of any suspension of enforcement
ordered by the court, shall include any enforcement procedure
described in Title 9 (commencing with Section 680.010) of Part 2 and
in Sections 674 and 1174.
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d) of
Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) The clerk of the court shall charge and collect all fees
associated with the enforcement of judgments under Title 9
(commencing with Section 680.010) of Part 2. The clerk shall
immediately deposit all the fees collected under this section into a
bank account established for this purpose by the Administrative
Office of the Courts. The money shall be remitted to the State
Treasury under rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206 of the Government Code. The Controller shall
distribute the fees to the Trial Court Trust Fund as provided in
Section 68085.1 of the Government Code.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
116.830. (a) At the time judgment is rendered, or notice of entry
of the judgment is mailed to the parties, the clerk shall deliver or
mail to the judgment debtor a form containing questions regarding the
nature and location of any assets of the judgment debtor.
(b) Within 30 days after the clerk has mailed notice of entry of
the judgment, unless the judgment has been satisfied, the judgment
debtor shall complete the form and cause it to be delivered to the
judgment creditor.
(c) In the event a motion is made to vacate the judgment or a
notice of appeal is filed, a judgment debtor shall complete and
deliver the form within 30 days after the clerk has delivered or
mailed notice of denial of the motion to vacate, or notice of
dismissal of or entry of judgment on the appeal, whichever is
applicable.
(d) In case of the judgment debtor's willful failure to comply
with subdivision (b) or (c), the judgment creditor may request the
court to apply the sanctions, including arrest and attorney's fees,
as provided in Section 708.170, on contempt of court.
(e) The Judicial Council shall approve or adopt the form to be
used for the purpose of this section.
116.840. (a) At the option of the judgment debtor, payment of the
judgment may be made either (1) to the judgment creditor in
accordance with Section 116.850, or (2) to the court in which the
judgment was entered in accordance with Section 116.860.
(b) The small claims court may order entry of satisfaction of
judgment in accordance with subdivisions (c) and (d) of Section
116.850, or subdivision (b) of Section 116.860.
116.850. (a) If full payment of the judgment is made to the
judgment creditor or to the judgment creditor's assignee of record,
then immediately upon receipt of payment, the judgment creditor or
assignee shall file with the clerk of the court an acknowledgment of
satisfaction of the judgment.
(b) Any judgment creditor or assignee of record who, after
receiving full payment of the judgment and written demand by the
judgment debtor, fails without good cause to execute and file an
acknowledgment of satisfaction of the judgment with the clerk of the
court in which the judgment is entered within 14 days after receiving
the request, is liable to the judgment debtor or the judgment debtor'
s grantees or heirs for all damages sustained by reason of the
failure and, in addition, the sum of fifty dollars ($50).
(c) The clerk of the court shall enter a satisfaction of judgment
at the request of the judgment debtor if the judgment debtor either
(1) establishes a rebuttable presumption of full payment under
subdivision (d), or (2) establishes a rebuttable presumption of
partial payment under subdivision (d) and complies with subdivision
(c) of Section 116.860.
(d) A rebuttable presumption of full or partial payment of the
judgment, whichever is applicable, is created if the judgment debtor
files both of the following with the clerk of the court in which the
judgment was entered:
(1) Either a canceled check or money order for the full or partial
amount of the judgment written by the judgment debtor after judgment
and made payable to and endorsed by the judgment creditor, or a cash
receipt for the full or partial amount of the judgment written by
the judgment debtor after judgment and signed by the judgment
creditor.
(2) A declaration stating that (A) the judgment debtor has made
full or partial payment of the judgment including accrued interest
and costs; (B) the judgment creditor has been requested to file an
acknowledgment of satisfaction of the judgment and refuses to do so,
or refuses to accept subsequent payments, or the present address of
the judgment creditor is unknown; and (C) the documents identified in
and accompanying the declaration constitute evidence of the judgment
creditor's receipt of full or partial payment.
116.860. (a) A judgment debtor who desires to make payment to the
court in which the judgment was entered may file a request to make
payment, which shall be made on a form approved or adopted by the
Judicial Council.
(b) Upon the filing of the request to make payment and the payment
to the clerk of the amount of the judgment and any accrued interest
and costs after judgment, plus any required fee authorized by this
section, the clerk shall enter satisfaction of the judgment and shall
remit payment to the judgment creditor as provided in this section.
(c) If partial payment of the judgment has been made to the
judgment creditor, and the judgment debtor files the declaration and
evidence of partial payment described in subdivision (d) of Section
116.850, the clerk shall enter satisfaction of the judgment upon
receipt by the clerk of the balance owing on the judgment, including
any accrued interest and costs after judgment, and the fee required
by this section.
(d) If payment is made by means other than money order, certified
or cashier's check, or cash, entry of satisfaction of the judgment
shall be delayed for 30 days.
(e) The clerk shall notify the judgment creditor, at his or her
last known address, that the judgment debtor has satisfied the
judgment by making payment to the court. The notification shall
explain the procedures which the judgment creditor has to follow to
receive payment.
(f) For purposes of this section, "costs after judgment" consist
of only those costs itemized in a memorandum of costs filed by the
judgment creditor or otherwise authorized by the court.
(g) Payments that remain unclaimed for three years shall go to the
superior court pursuant to Section 68084.1 of the Government Code.
(h) A fee of twenty dollars ($20) shall be paid by the judgment
debtor for the costs of administering this section.
116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to
operate a motor vehicle for failing to satisfy a judgment, apply if
the judgment (1) was for damage to property in excess of seven
hundred fifty dollars ($750) or for bodily injury to, or death of, a
person in any amount, and (2) resulted from the operation of a motor
vehicle upon a California highway by the defendant, or by any other
person for whose conduct the defendant was liable, unless the
liability resulted from the defendant's signing the application of a
minor for a driver's license.
116.880. (a) If the judgment (1) was for seven hundred fifty
dollars ($750) or less, (2) resulted from a motor vehicle accident
occurring on a California highway caused by the defendant's operation
of a motor vehicle, and (3) has remained unsatisfied for more than
90 days after the judgment became final, the judgment creditor may
file with the Department of Motor Vehicles a notice requesting a
suspension of the judgment debtor's privilege to operate a motor
vehicle.
(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not been
satisfied. The fee shall be used by the department to finance the
costs of administering this section and may not exceed the department'
s actual costs.
(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise by
certified mail, that the judgment debtor's privilege to operate a
motor vehicle will be suspended for a period of 90 days, beginning 20
days after receipt of notice by the department from the judgment
creditor, unless satisfactory proof, as provided in subdivision (e),
is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the
judgment creditor a copy of the notice that shall indicate the
filing fee paid by the judgment creditor, and shall include a space
to be signed by the judgment creditor acknowledging payment of the
judgment by the judgment debtor. The judgment creditor shall mail or
deliver a signed copy of the acknowledgment to the judgment debtor
once the judgment is satisfied.
(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of one or more of the
following:
(1) Receipt of proof that the judgment has been satisfied, either
(A) by a copy of the notice required by this section signed by the
judgment creditor acknowledging satisfaction of the judgment, or (B)
by a declaration of the judgment debtor stating that the judgment has
been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a
court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied
judgment, if the judgment debtor presents proof, satisfactory to the
department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) When the suspension has been terminated under subdivision (e),
the action is final and may not be reinstituted. Whenever the
suspension is terminated, Section 14904 of the Vehicle Code shall
apply. Money deposited with the department under this section shall
be handled in the same manner as money deposited under subdivision
(d) of Section 16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the
suspension, termination of suspension, or the failure to suspend a
person's privilege to operate a motor vehicle as authorized by this
section.
