Special Procedures

Special Procedures In Aid Of Enforcement Of Judgments

Assignment Order: If a judgment debtor has a right to any future payment, a court may order an assignment of all or part of such right to a judgment creditor.

Receiver to Enforce Judgment: The court may appoint a receiver to enforce a judgment upon a showing by the judgment creditor that the appointment is a "reasonable method to obtain the fair and orderly satisfaction of the judgment." [Ca Civ Pro - 708.620]

Creditor's Suit Against 3rd Party: If a third person possesses or controls property in which the judgment debtor has an interest (or is indebted to the judgment debtor), the judgment creditor may bring suit against the person to apply the property or debt to the money judgment. [Ca Civ Pro - 708.210]

Written Interrogatories to Judgment Debtor: A judgment creditor is entitled to serve written interrogatories on a judgment debtor to obtain information to aid in enforcement of a money judgment. [Ca Civ Pro -- 708.010(a), 708.020(a)]

Inspection Demand to Judgment Debtor: A judgment creditor may serve an inspection demand on a judgment debtor to obtain information to aid in enforcement of a money judgment. [Ca Civ Pro - 708.030(a)]

Receiver to Enforce Judgment: The court may appoint a receiver to enforce a judgment upon a showing by the judgment creditor that the appointment is a "reasonable method to obtain the fair and orderly satisfaction of the judgment." [Ca Civ Pro - 708.620]

Charging Orders Against Debtor Partnership/LLC Interests: Assets in a partnership (general or limited) or limited liability company are not liable upon a money judgment rendered against a partner or member personally. I.e., partnership or LLC assets are not subject to execution unless the judgment is against the partnership or LLC itself. To reach a debtor's partnership or LLC interest, the judgment creditor ordinarily must obtain a court order charging those interests with the amount of the judgment. [Ca Civ Pro -- 699.720(a)(2), 708.310]

Collection of Debts Owed Judgment Debtors by State or Local Public Entities: The EJL contains special claim and deposit procedures enabling judgment creditors to reach debts owed to judgment debtors by state or local public entities. Subject to certain exceptions, these are the only available means to reach such moneys; debtor-owed funds held by public entities may not be reached by execution. [Ca Civ Pro -- 699.720(a)(5), 708.720(a)]

Enforcement of Judgment by Assignees: A judgment creditor may assign the judgment to a third person (see Ca Civil - 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.

Enforcement Against Joint Debtors: If an action is filed against multiple defendants who are jointly or severally liable on a contract, and not all defendants are served, the plaintiff may proceed against those defendants who are served as if they were the only defendants. [See Ca Civ Pro - 410.70]

Amending Judgment to Change Name of Judgment Debtor: Sometimes, a judgment debtor changes his or her name after a judgment is entered (e.g., by legal proceedings or merger, or simply by getting married). When this happens, it may be necessary to amend the judgment to reflect the judgment debtor's current name. A California court may use "all the means necessary" to carry its jurisdiction into effect. [Ca Civ Pro - 187]

Amending Judgment to Add Nonparty Alter Egos as Judgment Debtors: Occasionally, a judgment creditor obtains a judgment against a corporation only to discover later that the corporation has few or no assets and is controlled by a nonparty alter ego. In this event, the judgment creditor may be able to amend the judgment to add the alter ego as a judgment debtor and enforce the judgment against that debtor (who, presumably, has assets). A California court may use "all the means necessary" to carry its jurisdiction into effect. [Ca Civ Pro - 187]

Amending Judgment to Add Third Party (Not Alter Ego): Amendments to add a third party judgment debtor may be allowed where necessary to prevent "injustice" even though "alter ego" liability is not involved. [Carr v. Barnabey's Hotel Corp. (1994) 23 Cal.App.4th 14, 20-21, 28 Cal.Rptr.2d 127, 131-132; In re Levander (9th Cir. 1999) 180 F.3d 1114, 1122 (applying Calif. law)]

Enforcement Against Beneficiary's Trust Interests: A judgment debtor's interest as a trust beneficiary is not subject to execution (Ca Civ Pro - 699.720(a)(8)). Rather, the judgment debtor's beneficial interest in a private or charitable express trust may be reached only by obtaining a court order (below). [Ca Civ Pro - 709.010(a); and see Ca Probate - 82]

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]

Enforcement Against Revocable Inter Vivos Trust Interest: Property in a revocable inter vivos trust is subject to claims of creditors of the settlor-debtor during the debtor's lifetime to the extent of the debtor's power of revocation. [Ca Probate - 18200] Upon the judgment debtor's death, property held in an inter vivos trust created by the debtor is generally exempt from enforcement under the EJL (e.g., no writ of execution may issue). Instead, the judgment creditor must timely file either (1) a claim in a proceeding initiated by the trustee to administer trust creditor claims (or in the debtor decedent's estate if a California probate proceeding is pending), or (2) if no trust or probate proceeding is initiated, an action against the decedent's beneficiaries pursuant to Ca Probate - 19400 et seq. [See Ca Probate -- 19300(a) & 19003(a)]

Enforcement Against Property in Guardianship or Conservatorship Estate: Property in a guardianship or conservatorship estate is not subject to any procedure for enforcement of a money judgment. But if the guardian or conservator refuses or fails to pay the judgment, the judgment creditor may petition the court having jurisdiction over the guardianship or conservatorship for an order requiring payment. [Ca Civ Pro - 709.030; Ca Probate - 2404] After the judgment creditor dies, the judgment may be enforced under normal applicable procedures by the judgment creditor's executor, administrator or successor in interest. [Ca Civ Pro - 686.010 and Comment thereto]