How to Prepare an Abstract of Judgment in California
Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.
CONTENTS
This packet includes:
- Step by Step Instructions
- Sample Abstract of Judgment, Civil and Small Claims (Judicial Council Form EJ-001)
Click here to download a pdf version of this guide.
This guide is intended to provide a simple description of how to prepare an Abstract of Judgment in Sacramento County Superior Court. Please keep in mind that each court has different requirements. If you believe a judgment debtor owns property in more than one county, you will have to repeat this process for each county. Only one Abstract of Judgment needs to be recorded per county, however, even if there are multiple properties within a single county.
BACKGROUND
Preparing an Abstract of Judgment is the first step a judgment creditor must take in order to place a lien on a judgment debtor's real property or a judgment debtor's potential recovery in a pending lawsuit. Placing a lien gives a creditor the right to be paid from the proceeds of a sale of the debtor's real property or from the debtor's monetary award in another lawsuit. For more information on how to place a lien on a judgment debtor's real property or on a lawsuit the debtor has against someone else, visit the California Courts' Self-Help Website at http://www.courts.ca.gov/11190.htm.
Once you have completed the Abstract of Judgment, you must take the form to the Superior Court so that the court clerk can certify the document. There is a fee for certification, currently $25 in Sacramento County Superior Court.
You will then need to take the certified Abstract of Judgment to the County Recorder's office, which will record the document for a fee, currently about $31 at the Sacramento County Recorder's Office.
PROCEDURE
Step-by-Step Instructions
Step 1: Completing the Abstract of Judgment, Civil and Small Claims (EJ-001)
❑ Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" write "In Pro Per," which means you are representing yourself.
❑ Below that, type or write the name, address, and branch of the court.
❑ Beside "Plaintiff" and "Defendant" insert your name and the Defendant's name (as they appear on the Summons and Complaint). Type or write in your case number.
❑ In paragraph 1, check the box next to "Judgment Creditor" and type or write the name and last known address of the judgment debtor. Insert the last 4 digits of the debtor's Social Security and/or Driver's License numbers, if known. If not known, check the box next to "unknown."
❑ Check the box next to paragraph 2 if there are any additional judgment debtors, and list their names, addresses, the last four digits of their Drivers License and Social Security numbers, and the dates the Summons were served in the space provided in paragraphs 16-19 on page 2.
❑ In paragraph 3 type or write your name and address.
❑ Check the box next to paragraph 4 if there are any additional judgment creditors, and list their names and addresses in the space provided in paragraphs 13-14.
❑ Check the box next to paragraph 5 if an original abstract is recorded in this County.
❑ Type or print your name and date, and sign on the lines provided.
❑ In paragraphs 6 type or write the exact amount of your judgment.
❑ In paragraph 8(a) type or write the date your judgment was entered.
❑ Check the box next to paragraph 9 if the judgment is an installment judgment.
❑ Check the box next to paragraph 10 if an execution or attachment lien is endorsed on the judgment and complete 10a and/or 10b as appropriate.
❑ In paragraph 11 check the box applicable to your case.
❑ In paragraph 12 check 12b if you are attaching a certified copy of your judgment; otherwise check 12a.
Abstract of Judgment (EJ-001), page 1 (click for full-sized version)
Abstract of Judgment (EJ-001), page 2 (click for full-sized version)
Step 2: Copying and Assembling
Make four copies of your completed Abstract of Judgment. In the Sacramento County Superior Court, because documents are scanned into a computer, any multiple page original documents are left unstapled, while each copy is stapled. In courts that do not electronically scan, all are stapled, and the original is two-hole punched at the top of the page for insertion into a folder.
Step 3: Filing
You can either mail your completed Abstract of Judgments to the Sacramento County Superior Court or file it in person at Window 2, on the first floor of the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento, CA 95814. If you use mail, be sure to include an envelope addressed to yourself with sufficient postage so that the court can return the certified Abstract of Judgment to you. The current filing fee is $25. You can check the current filing fees in Sacramento at http://www.saccourt.ca.gov/fees/docs/fee-schedule.pdf. The clerk will certify the abstract of judgment and return the original to you with the court's seal on it.
Step 4: Recording
You will then take the original certified abstract and at least three (3) copies to the Sacramento County Recorder's Office, located at 600 8th St. in downtown Sacramento, CA 95814. The current fee is approximately $31. You can check the current recording fees in Sacramento at http://www.ccr.saccounty.net. If you are recording in another county, please be sure to check with that county's Recorder's Office to determine the correct location for recording and the recording fee. You can find contact information for all California Recorders Offices here: http://www.cdph.ca.gov/certlic/birthdeathmar/pages/countyrecorderoffice.aspx .
Step 5: What Happens Next?
The county recorder will provide notice to the debtor that you have recorded the Abstract of Judgment. You will not be paid automatically, but if you place a lien on the property and the debtor refinances or sells it, you may get paid your money with interest.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
AB 9/2011
Tags: Civil_Procedure, Self_Help, Enforcement_of_Judgment