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Sample Demand For Partial Satisfaction of Judgment in California
Sample Demand For Partial Satisfaction of Judgment in California
of record for the judgment creditor that has failed to file and
record a partial satisfaction of judgment.
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER:
XXXXXXXXX
Date:___________________
YOUR NAME
YOUR STREET ADDRESS
YOUR CITY, STATE AND ZIP CODE
JUDGMENT CREDITOR AND/OR ATTORNEY NAME
JUDGMENT CREDITOR AND/OR ATTORNEY ADDRESS
JUDGMENT CREDITOR AND/OR ATTORNEY CITY, STATE AND ZIP CODE
RE: JUDGMENT IN CASE NO. XXX-XXXXXXXX
To NAME OF JUDGMENT CREDITOR AND/OR THEIR ATTORNEY,
It has come to my attention that you have failed to file and/or record a partial satisfaction
of judgment in LIST ALL DETAILS HERE INCLUDING COURT CASE NO.,
DATE AND METHOD BY WHICH YOU PARTIALLY SATISFIED THE
JUDGMENT, AMOUNT PAID, ETC.
This is a clear failure to comply with your obligations under California law.
For example you have failed to file a partial satisfaction of judgment with the court as
required by Code of Civil Procedure 724.110 which states that,
(a)The judgment debtor or the owner of real or personal property subject to a judgment
lien created under a money judgment may serve on the judgment creditor a demand in
writing that the judgment creditor execute, acknowledge, and deliver an acknowledgment
of partial satisfaction of judgment to the person who made the demand. Service shall be
made personally or by mail. If the judgment has been partially satisfied, the judgment
creditor shall comply with the demand not later than 15 days after actual receipt of the
demand.
(b) If the judgment creditor does not comply with the demand within the time allowed,
the judgment debtor or the owner of the real or personal property subject to a judgment
lien created under the judgment may apply to the court on noticed motion for an order
requiring the judgment creditor to comply with the demand. The notice of motion shall be
served on the judgment creditor. Service shall be made personally or by mail. If the court
determines that the judgment has been partially satisfied and that the judgment creditor
has not complied with the demand, the court shall make an order determining the amount
of the partial satisfaction and may make an order requiring the judgment creditor to
comply with the demand.
Consider this letter as my formal demand to you under the provisions of the Code of Civil
Procedure Title 9, Division 5, Chapter 2 724.110 through 724.120.
I HEREBY DEMAND THAT within 15 days after your receipt of this demand you do all
of the following:
Execute, acknowledge, and file an acknowledgment of a partial satisfaction of judgment
with the court.
Deliver a court-stamped copy of the filed acknowledgment of satisfaction of judgment to
me.
If you fail to comply with this demand letter within 15 days after receipt be advised
that I will not hesitate to take further legal action to protect my interests as your
failure to comply with your obligations under California law has caused me to suffer
a drastic and completely unnecessary drop in my credit score. I will seek all of the
following:
All of my actual damages suffered, including but not limited to, damages resulting
from damage to my credit reputation.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
_______________________
YOUR SIGNATURE
YOUR NAME
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