California Code of Civil Procedure 724.060 – (a) An acknowledgment of satisfaction of judgment shall contain …
(a) An acknowledgment of satisfaction of judgment shall contain the following information:
(1) The title of the court.
Terms Used In California Code of Civil Procedure 724.060
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- County: includes "city and county. See California Code of Civil Procedure 17
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Will: includes codicil. See California Code of Civil Procedure 17
(2) The cause and number of the action.
(3) The names and addresses of the judgment creditor, the judgment debtor, and the assignee of record if any. If an abstract of the judgment has been recorded in any county, the judgment debtor’s name shall appear on the acknowledgment of satisfaction of judgment as it appears on the abstract of judgment.
(4) The date of entry of judgment and of any renewals of the judgment and where entered in the records of the court.
(5) A statement either that the judgment is satisfied in full or that the judgment creditor has accepted payment or performance other than that specified in the judgment in full satisfaction of the judgment.
(6) A statement whether an abstract of the judgment has been recorded in any county and, if so, a statement of each county where the abstract has been recorded and the book and page of the county records where the abstract has been recorded, and a notice that the acknowledgment of satisfaction of judgment (or a court clerk’s certificate of satisfaction of judgment) will have to be recorded with the county recorder of each county where the abstract of judgment has been recorded in order to release the judgment lien on real property in that county.
(7) A statement whether a notice of judgment lien has been filed in the office of the Secretary of State and, if such a notice has been filed, a statement of the file number of such notice, and a notice that the acknowledgment of satisfaction of judgment (or a court clerk’s certificate of satisfaction of judgment) will have to be filed in that office in order to terminate the judgment lien on personal property.
(b) The acknowledgment of satisfaction of judgment shall be made in the manner of an acknowledgment of a conveyance of real property.
(c) The acknowledgment of satisfaction of judgment shall be executed and acknowledged by one of the following:
(1) The judgment creditor.
(2) The assignee of record.
(3) The attorney for the judgment creditor or assignee of record unless a revocation of the attorney’s authority is filed.
(4) The local child support agency director or his or her designee, if the local child support agency has been providing child support services pursuant to § 17400 of the Family Code. The acknowledgment of satisfaction of judgment may be recorded by the local child support agency pursuant to § 27282 of the Government Code.
(Amended by Stats. 2004, Ch. 339, Sec. 1. Effective January 1, 2005.)