Asked in Divorce, Family Law, Civil Litigation and Civil Rights for California

Q: Can i record an abstract on a partial judgement on reserved issues that hasnt been finalized

I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?

1 Lawyer Answer
Nathan Wirtschafter
Nathan Wirtschafter
  • Encino, CA
  • Licensed in California

A: Generally, an abstract of judgment is issued and recorded on the final judgment.

However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and execution lien on interim order).

I am going to presume that the abstract is valid, enforceable and properly recorded. With regard to collection, you should first make a list of the judgment debtor's assets and then evaluate the time/expense to seize each one of them.

If the debtor owns real property, you should probably wait 90 days after recording, before taking further action, so that your interest is protected in the event the judgment debtor declares bankruptcy.

Another area to investigate is whether the debtor has a job, so that you can garnish wages.

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