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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (818) 660-2518
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
