A judgment debtor in a limited civil case can request an order allowing installment payments. This request is made by a formal noticed motion, and may be granted for good cause at any time after the judgment; even if the judgment debtor never answered the complaint (i.e., the judgment was entered by default).
In determining the amount of the installment payments, the court may consider any of the factors that would be considered in reviewing a request for a claim of exemption, so the judgment debtor's source and amount of income and his/her expenses are directly relevant to the court in reviewing this request. For more information on those factors, see our Step-by-Step guide to filing a Claim of Exemption for a Bank Levy.
There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. Customizable templates may be downloaded from these links:
Click here to download this Guide, with step-by-step instructions, including sample forms.
created kb 8/12; Reviewed en 11/13