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The basis for statutes which specify the processes for collecting California judgments are named the Enforcement of Judgments Laws, usually abbreviated as the EJL. The Enforcement Of Judgments Law is a group of statutes providing the primary foundation covering the most popular judgment enforcement procedures within California. The EJL laws define the processes used for garnishments, levies, assignment orders, charging orders, the appointment of receivers, turnover orders, etc. This article is my opinion and is not, legal advice. I am a judgment broker, and not an attorney. When you want a strategy to use or legal advice, you should contact a lawyer. Even though the set of Enforcement of Judgments Laws (EJL) provide the basics on judgment collection laws and processes, there are additional California statutes; including newer statutes, in the the Business and Professions Codes, Code Of Civil Procedures (CCP), Civil Codes, Commercial Codes, and the California Uniform Fraudulent Transfers Act (CUFTA). California's EJL statutes were planned to need a minimal time in open court. Court clerks can approve and sign many of the most popular post-judgment court paperwork such as abstracts, writs of execution, and/or post-judgment court subpoenas. Certain other states require that many of these forms to be signed at a hearing, and sometimes at a full hearing in front of a district Judge. Besides the EJL legal framework, California offers a large population, very many courthouses, lawyers, lawsuits, process servers, judges, court opinions, collections experts, and also a ton of case law opinion. At the more popular of the 58 counties of California; certain Judges, known as Commissioners, work in certain departments set up primarily for post-judgment recovery paperwork and typical judgment enforcement issues. The state of California is not so judgment debtor-friendly as some other states such as Texas or Florida. Federal law limits any garnishment of income to twenty-five percent of their net pay. California offers restricted debtor personal exemptions. Real estate property exemptions vary from about $150 to $50K, and varies by the marital status and the age of the judgment debtor. For certain cases, and the judge's approval, annuities and life insurance may get garnished. Retirement plans and IRAs may need to pass a vague "means test" defined with CCP 704.115. A summary of CCP 704.115, section E is: "Plans are exempt only to the extent needed to provide for the support of the debtor when a judgment debtor retires and for the support of any dependents and spouse of the debtor, taking into account all resources that are likely to become available for the support of a judgment debtor after the debtor retires. In determining the amount to become exempt, the court shall allow the judgment debtor such extra amount as is needed to pay any state and federal income taxes". With the approval of a judge, such plans with worth more than the vague limits in Code Of Civil Procedure 704.115(e), can be levied on, toward satisfaction of a money judgment. That law seems to only help a creditor when the debtor overpays such an account. As with many states, California's cut back on civil Sheriffs and court support, especially with post-judgment matters. It may take several months to get a writ, months for the Sheriff to serve the levy, and more months before a creditor gets a chance of being paid. Mark Shapiro of: http://www.JudgmentBuy.com - The fastest and easiest free method of finding the best professional to recover or buy a judgment.
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California Collection statutes laws, Enforcement Of Judgments statutes laws, ejl, judgment enforcement, judgment recovery, judgment collection,
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