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California Code, Code of Civil Procedure - CCP § 673

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

(b) An acknowledgment of assignment of judgment shall contain all of the following:

(1) The title of the court where the judgment is entered and the cause and number of the action.

(2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.

(3) The name and address of the judgment creditor and name and last known address of the judgment debtor.

(4) A statement describing the right represented by the judgment that is assigned to the assignee.

(5) The name and address of the assignee.

(c) The acknowledgment of assignment of judgment shall be:

(1) Made in the manner of an acknowledgment of a conveyance of real property.

(2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one.

(d)(1) If an acknowledgment of assignment of judgment purports to be executed or acknowledged by an authorized agent of the judgment creditor or an authorized agent of a prior assignee of record, then documentation sufficient to evidence that authorization shall be filed together with the acknowledgment of assignment of judgment.

(2) Notwithstanding paragraph (1), an assignee of a right represented by a judgment may also become an assignee of record by filing with the clerk of the court that entered judgment a court order or other documentation that evidences assignment of judgment by operation of law .

Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 673 - last updated January 01, 2023 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-673/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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§ 28–2301. Assignment of judgment or money decree.

A judgment or money decree may be assigned in writing, and upon the assignment thereof being filed in the clerk’s office the assignee may maintain an action or sue out an execution on the judgment in his own name, as the original plaintiff might have done.

assignment of judgment

Law Offices of Ronald P. Slates

Email: [email protected]

How to Assign a California Judgment?

On Behalf of The Law Offices of Ronald P. Slates, P.C. | Jul 31, 2022 | Debt Collection

Under California law, a judgment creditor may assign a judgment to a third person. Cal. Civ.Code 954. “In doing so, the judgment creditor assigns the debt upon which the judgment is based … Through such an assignment, the assignee ordinarily acquires all the rights and remedies possessed by the assignor for the enforcement of the debt, subject, however, to the defenses that the judgment debtor had against the assignor.” Great W. Bank v. Kong, 90 Cal. App.4th 28, 108 Cal.Rptr.2d 266, 268 (2001) (internal citations omitted). An assignment carries the legal title to the judgment; “the transfer of the title does not depend upon the fact of there being a valuable consideration.” Curtin v. Kowalsky, 145 Cal. 431, 78 P. 962, 963 (1904)”

The person assigning the judgment (the seller) to you (the buyer) must sign the form in the presence of a notary. The form must be signed and stamped by the notary. Once this is done, the form becomes the original that the court needs. Make one copy of it if you are bringing it to the court, and two copies if you are mailing to the court (in case the original gets lost in the mail). Under CCP § 673(b), “an acknowledgment of assignment of judgment shall contain all of the following:

  • The title of the court where the judgment is entered and the cause and number of the action.
  • The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court.
  • The name and address of the judgment creditor and name and last known address of the judgment debtor.
  • A statement describing the right represented by the judgment that is assigned to the assignee.
  • The name and address of the assignee.”

Be sure to serve a copy of the Acknowledgement to the Judgment debtor. For more information on commercial collections and Judgment enforcement, contact the Law Offices of Ronald P. Slates today.

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ORS 18.205 Assignment of judgment

  • Annotations

Source: Section 18.205 — Assignment of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors018.­html .

Current through early 2024

§ 18.205’s source at oregon​.gov

Blank Outline Levels

The legislature occasionally skips outline levels. For example:

In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.

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Meaning of assignment in English

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  • It was a plum assignment - more of a vacation really.
  • He took this award-winning photograph while on assignment in the Middle East .
  • His two-year assignment to the Mexico office starts in September .
  • She first visited Norway on assignment for the winter Olympics ten years ago.
  • He fell in love with the area after being there on assignment for National Geographic in the 1950s.
  • act as something
  • all work and no play (makes Jack a dull boy) idiom
  • be at work idiom
  • be in work idiom
  • housekeeping
  • in the line of duty idiom
  • join duty idiom
  • undertaking

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to do something or go somewhere very slowly, taking more time than is necessary

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COMMENTS

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    Learn what an assignment of judgment is, how to file it, and what rights and remedies it grants. Find legal standards, documents, and cases related to assignment of judgment in California state courts.

  2. Assignment of Judgment

    General District Court. Civil Division. Assignment of Judgment. Fairfax County General District Court Closed on Labor Day. CONTACT INFORMATION: Monday-Friday, 8 A.M. - 4 P.M. (Phones close at 3:30 P.M.) 703-246-3012. [email protected]. 4110 Chain Bridge Road, Room 211. Fairfax, VA 22030.

  3. Is there a difference between an Assignment of Judgment and an

    Assignment of the judgment means that the assignee would own any and all rights relating to the judgment, including any deficiency rights, and would be able to substitute itself for the current plaintiff in the foreclosure action if, for example, there were any omitted interests in the foreclosure that needed to be extinguished. ...

  4. California Code, Code of Civil Procedure

    California Code, Code of Civil Procedure - CCP § 673. (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment. (1) The title of the court where the judgment is entered and the cause and number of the action.

  5. PDF Judgment

    a judgment docket by the clerk of court.19 North Dakota Century Code sec-tion 28-20-20 states: [U]pon the presentation of an assignment of any judgment ren-dered or docketed in the court, signed by the party in whose favor the judgment is rendered . . . and acknowledged in the manner pre-

  6. PDF ASSIGNMENT OF JUDGMENT

    Judgment Accepted. Signature of Assignee/New Judgment Holder Date A judgment in the above case was entered on in the amount of $ plus attorney's fees of $ and costs of $ . Payments totaling $ have been made; the balance due is $ . I, am the judgment holder in the case. I hereby assign of the judgment the entire remaining balance of the judgment to:

  7. Assignment Of Judgment Form

    An Assignment of Judgment form for default is a legal document that facilitates the transfer of a judgment from the original judgment creditor to a third party. It is used when the debtor fails to repay the judgment amount within the specified time frame, resulting in a default judgment. This form allows the original judgment creditor to assign ...

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  9. Filing, Recording, and Notice of Assignment

    Filing a notice of an assignment of a judgment in the real estate records will serve as notice to subsequent encumbrancers and purchasers of the real estate. However, such notice of assignment will not constitute notice to the judgment debtor, so as to require the debtor to pay the assignee, rather than the assignor.

  10. PDF Enforcement of Judgments; Assignment of Judgments; Parties

    ule 401.1 entitled "Assignment of Judgment; Parties." The new rule is placed in Chapter 400 so as to be included with other rule. relating to execution and enforcement of money judgments. The rule provides for a docket entry to indicate that a judgment has been assigned, as well as for the issuance of an amended notice of judgment ...

  11. § 28-2301. Assignment of judgment or money decree

    Assignment of judgment or money decree. A judgment or money decree may be assigned in writing, and upon the assignment thereof being filed in the clerk's office the assignee may maintain an action or sue out an execution on the judgment in his own name, as the original plaintiff might have done. (Aug. 30, 1964, 78 Stat. 669, Pub. L. 88-509 ...

  12. How to Assign a California Judgment?

    The person assigning the judgment (the seller) to you (the buyer) must sign the form in the presence of a notary. The form must be signed and stamped by the notary. Once this is done, the form becomes the original that the court needs. Make one copy of it if you are bringing it to the court, and two copies if you are mailing to the court (in ...

  13. ORS 18.205

    An assignment of judgment document must be signed by the judgment creditor, by the judgment creditor's agent or by an attorney who represents the judgment creditor. Signature by the judgment creditor's agent is not subject to the requirement of ORS 9.320 (Necessity for employment of attorney) that a party that is not a natural person appear ...

  14. Revised Code of Washington § 4.56.090 (2023)

    RCW 4.56.090. Assignment of judgment—Filing. When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such assignment: PROVIDED, That such assignment ...

  15. Rule 401.1. Assignment of Judgment; Parties.

    Assignment of Judgment; Parties. Rule 401.1. Assignment of Judgment; Parties. If the judgment has been assigned, upon request of the real party in interest the magisterial district judge shall: (1) Cause a docket entry to be made indicating the assignment and the name of the original plaintiff and the name of the real party in interest. (2 ...

  16. RCW 4.56.090: Assignment of judgment—Filing.

    Assignment of judgment — Filing. When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such ...

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