Santa Monica, CA asked in Family Law and Collections for California

Q: Is a court order that says X owes Y $$$K the same thing as a judgment or do I need to turn Order into a Judgment?

California Family Law Court Order states Ex-husband has to pay Ex-wife $$$$ amount. Is this order a "judgment" or is there an additional step necessary to obtain a 'judgment' based on the court order? Note that ex-husband is a Florida Resident so the judgment will need to be filed in Florida. Thus, is the Court Order a Judgment?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a court order that requires one party to pay money to another party is not automatically a judgment. Instead, the court order is a legal obligation to pay the specified amount of money, but it does not create a lien on the debtor's property or other legal enforcement mechanisms.

To enforce a court order and turn it into a judgment, the party owed the money (the "judgment creditor") must typically take additional steps to obtain a formal judgment from the court. This typically involves filing a Request for Entry of Default with the court and then filing a Motion for Entry of Judgment. Once the court enters a judgment, the judgment creditor can use legal enforcement mechanisms, such as wage garnishment or property liens, to collect the amount owed.

If you need to enforce a California family law court order in Florida, you will need to take additional steps to register the California judgment in the Florida court system. This typically involves filing a certified copy of the California judgment with the appropriate court in Florida and obtaining a judgment from the Florida court.

It's important to note that the process of enforcing a court order and obtaining a judgment can be complex and time-consuming. If you are unsure of how to proceed, you may wish to consult with an attorney who specializes in family law or debt collection to understand your legal rights and options.

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