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The information contained in the ASK MIKE column is provided for general information purposes only and is not intended to be a legal opinion nor legal advice nor is it intended to be a complete discussion of all issued related to the law. No attorney client relationship shall be deemed  to arise hereunder. Every individual's factual situation is different and you should seek independent legal advice regarding specific situations. All information contained within pertains only to California law unless otherwise noted.

Judgment Liens

Question 1


Question #1

Question:

I won a judgment against another person in court some time ago and recorded a judgment lien against his property in this county. Now he wants to sell one of those properties and he’s offered to make a deal to pay part of the judgment, but not all of it. I don’t want to release my judgment lien and lose my ability to claim the full amount he owes me. What can I do?

Answer:

Under the Code of Civil Procedure, a creditor like yourself may release the judgment lien from a particular property while retaining it on other property. In other words, you don’t have to give up your right to be paid in full at some point.

You can negotiate with this debtor to pay a part of what he owes you and agree to release the judgment lien against only the property he wants to sell. You will have to prepare a release of judgment lien, sign it, have it notarized and record it in the county where the property is located.

Most importantly, the release must identify the specific property you are releasing from the lien, to prevent any misunderstanding that you are releasing the judgment lien against all his properties in the county. A number of very specific items related to your judgment must be cited in this release. Be sure to consult an attorney to guarantee that it is properly prepared and that you retain your right of payment.

question date: 3-8-98 Top of Page
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