Renewing California Civil Judgments

I am not an attorney, I am a judgment matchmaking expert (Judgment Broker). This article is my opinion, on the subject of how to renew judgments, and liens that depend on judgments. This article is based on my knowledge in California.

The bulk of the laws about judgment renewals in California are the (CCP) Codes Of Civil Procedure, sections 683.110 to 683.220. Laws vary in every state, so be sure to check the laws of your state. Nothing in any of my articles can ever be considered legal advice.

Most judgments expire after a certain number of years, often requiring the current creditor or assignee of record (or their lawyer) to renew them. The reasons why laws mandate that judgments expire after a certain period of time, and why they are not so easy to renew, are not really obvious to me.

Perhaps the reasons include providing funds for the courts, reducing the case load, giving the debtors another chance to hide assets or to vacate the judgment, and maybe even to punish inattentive judgment creditors.

Similar to judgments, liens (that often depend on judgments to exist) also expire. In California, Abstracts Of Judgment are recorded in each county where the debtor now has, or may inherit real estate in the future. When the underlying judgment expires (or is vacated) the lien also expires.

When one renews a California judgment, one must pay for a certified copy of the renewal of the judgment and record it at the County Recorder to keep the existing lien alive. You need to record a certified copy of the judgment renewal before 10 years of the date of the original judgment - not within ten years of recording of the first Abstract Of Judgment.

If something changes and you wish to record those changes on a lien, always amend the previous lien, and make sure the amended abstract lists the date and the recording number of the previous abstract in the correct places. If you do not amend a previous lien and record a new one, it will lose its original recording priority.

It's always a good idea to renew judgments early (and obtain a certified copy of the judgment renewal, and record the certified copy of the judgment renewal for all existing property liens), long before the judgment expiration date.

Another reason to renew a judgment, is in case the debtor has something to bring up, to try to vacate the judgment. With old judgments, it is best to renew them quickly, as everything might later depend on the success of the renewal process and the time periods that might be required.

Other reasons to renew judgments early are that courts are downsizing and becoming slower at processing paperwork, and renewing early will compound the amount of interest earned. California has a ten% simple interest, and when the judgment is renewed, it earns interest on the new amount owed, which can include previous interest earned and costs.

There are restrictions on how frequently one can renew judgments, and also sometimes on when you can start renewing them. In California, there is no restriction on when you can first renew a judgment, but once you renew it the first time, you cannot renew it more often than every 5 years.

Renewing provides notice to the judgment debtor by mail, that you are renewing the judgment. The element of surprise is sometimes an important factor in a successful judgment recovery.

Renewing provides the debtor a small chance at vacating the judgment (if they can prove they were not served properly) within about 40 days of being served by first-class mail. Some situations and States require you to wait a certain period of time, before enforcing the judgment while it is being renewed.

The forms and procedures are different in each by State. In California, a judgment is renewed by taking these steps:

1) Find and fill out the EJ-195 and EJ-190 forms, and make two copies of each.

2) Complete a Memorandum Of Costs (MOC) MC-12 form for the current interest owed, and previously allowed costs, make a copy of it. Check your local laws, if there is only interest on a MOC, you does not need to notice the judgment debtor.

3) File (bring 2 copies) the MOC and the filled-out EJ-190 and EJ-195 forms with court, this costs about twenty dollars.

4) After your EJ-195 is court-stamped, make a copy of it.

5) Serve the renewal forms by mail to the debtor with a "home made" proof of service. Proof of service means that you cannot sign the form, a process server or another person must sign and date it. Make a copy of the completed proof of service.

6) Return the original court-stamped EJ-195 form, with the proof of service that it was mailed to the debtor, and a copy of each, to the court.


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Mark D. Shapiro - Judgment Broker - Free leads for Judgment Enforcers and contingency collection attorneys.
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