Got a Judgment? Don't let it expire!
If you have prevailed in court and have a small claims judgment, check the date and make sure it doesn't expire. In California Judgments are enforceable for a period of ten years. Before the expiration it is important to renew your Judgment, giving you an additional 10 years to enforce it. In addition to the original entered amount, your Judgment earns an annual interest of 10%. Keep tabs on your Judgment and be sure to renew it prior to its expiration. Below are the steps to renew the judgment, and some tips for keeping your enforcement actions for liens and withholding orders in place.
Step One: Prepare a Memorandum of Costs After Judgment. This form is used to declare your costs thus far in enforcing the Judgment. You can also claim interest on this form. With 10% per year, your judgment is worth a lot more now.
Step Two: Prepare an Application for and Renewal of Judgment. This form is the document that will renew your Judgment for an additional ten years. File this form at the original court that entered your judgment. **If you have filed an Abstract of Judgment to lien property, you will need to request a Certified Copy from the Court so that you can record it with the County Clerk, this will renew your lien. If you have any writs that have been filed you will need to request a Certified Copy of the Renewaland provide it to the levying officer or office who is acting pursuant to your writ.
Step Three: Serve the Notice of Renewal of Judgment on the debtor. This can be done via personal service or by First Class Mail. Remember, you cannot serve the debtor, it must be someone who is not a party to the case, and someone who is at least 18 years old.
Step Four: Make sure that the person that served the debtor files the Proof of Service with the Court.
Step Five: The debtor has 30 days to file a motion to vacate the renewal of the judgment.
If you need any help with your documents to renew your Judgment, please reach out to my office so we can help.
I am not an attorney, I can only provide self-help services at your specific direction.