Enforcement Against Nonvested Contingent Interests

Enforcement Against Nonvested Contingent Interests: Contingent remainders, executory interests and other nonvested property interests held by a judgment debtor may not be reached by execution. [Ca Civ Pro § 699.720(a)(9)] However, upon noticed motion, the judgment creditor may obtain an order applying such interests to satisfy a money judgment. The court has discretion to determine how best to protect both the judgment debtor and creditor (i.e., prevent a "sacrifice sale" while preserving the creditor's rights). This may include imposing a lien on, or requiring sale of, the judgment debtor's interest. [See Ca Civ Pro § 709.020]

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