Types Of Judgment
What Is A Judgment?
A "judgment" under the EJL is any "judgment, order or decree" entered by a California court. [Ca Civ Pro § 680.230; see also Ca Civ Pro § 680.110] Judgments are final determinations of the parties' rights in actions or proceedings (Ca Civ Pro §§ 577, 1064). In addition, written orders of dismissal signed by courts constitute judgments and are effective for all purposes. [Ca Civ Pro § 581d] Every other court direction made or entered in writing that is not part of a judgment constitutes an order. [Ca Civ Pro § 1003]
Judgments are enforceable under the EJL generally upon "entry." [Ca Civ Pro § 683.010; see also Ca Civ Pro § 664] In counties that maintain judgment books (few still do), judgments are entered when noted in the judgment book. In counties that do not maintain judgment books, judgments are deemed entered when filed with the clerk; no subsequent action is required. [See Ca Civ Pro §§ 668, 668.5]
The "Enforcement Of Judgments Law" (EJL)
The Enforcement of Judgments Law ("EJL") was adopted in 1982, and took effect July 1, 1983 (see Ca Civ Pro § 694.010) The EJL is codified at Ca Civ Pro § 680.010 through § 724.260. It is a comprehensive statutory scheme governing the enforcement of virtually all civil judgments in California.
Virtually all civil judgments are enforceable in California under the EJL including:
- Ordinary money judgments
- A judgment of liability on a bond is enforceable under the EJL in the same manner and to the same extent as any other money judgment. [Ca Civ Pro § 996.495]
- A judgment entered on a claim for taxes by a public entity is enforceable under the EJL in the same manner as any money judgment. [Ca Civ Pro § 688.110]
- An order imposing a fine upon a convicted corporation, a judgment for a fine and an order to pay a fine as a condition of probation generally are enforceable under the EJL. [See Ca Penal §§ 1214, 1214.2 & 1397]
- Restitution orders may be enforced as if they were civil judgments. [See Ca Penal §§ 1202.4(a),(f), (h),(i), 1203(j), 1203.1(a) & 1214(c)]
- Orders to pay costs associated with probation reports and supervision are also enforceable under the EJL. [Ca Penal § 1203.1(b)]
- Orders imposing monetary sanctions have the force and effect of money judgments and may be enforced under the EJL. [See Newland v. Super.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615, 47 Cal.Rptr.2d 24, 28; Jones v. Otero (1984) 156 Cal.App.3d 754, 759, 203 Cal.Rptr. 90, 93]
- Local child support agencies enforcing support orders and judgments under circumstances where a Ca Fam § 17522 warrant for collection may properly be issued generally may use any of the remedies available to a judgment creditor, including those permitted under the EJL. [See Ca Civ Pro § 689.020(a)]
- A sister state or foreign money judgment entered pursuant to Ca Civ Pro § 1710.10 et seq. may be enforced under the EJL. [Ca Civ Pro § 1710.35]
- An employer may use EJL procedures to enforce payment of its lien on an employee's recovery against a third party tortfeasor (workers' compensation cases). [Ca Labor § 3862]
- An order directing a defendant to reimburse the county for all or part of the costs incurred in providing him or her legal services by the public defender or an appointed counsel is enforceable under the EJL. [Ca Penal § 987.8(e),(f); see also Ca Penal § 987.8(a)]
- An unpaid judgment on a bail bond may be enforced under the EJL. [Ca Penal § 1306(e)(2)]
- A judgment to collect an administrative penalty assessed under the hazardous waste control and hazardous substance laws apparently is enforceable under the EJL. [See Ca Hlth & S § 25184.1]
- A judgment for costs entered against a complainant in a criminal case may be enforced under the EJL. [See Ca Penal §§ 1447 & 1448]
- A judgment confirming an arbitration award is enforceable under the EJL. [Ca Civ Pro § 1287.4]
The EJL does not provide the exclusive means for enforcing California judgments - the court may use any suitable method to enforce valid judgment provided it has personal jurisdiction over parties . [See Ca Civ Pro § 681.010] For example, a child, family or spousal support order that is made, entered or enforceable in California is enforceable under the Family Code whether or not the order was entered pursuant to the Family Code. [See Ca Fam § 4500 et seq.] A money judgment against the state, a state agency or a local public entity (except the Regents of the University of California) is enforceable under the Government Code. [Ca Civ Pro § 695.050; Ca Govt §§ 965.5(b), 965.9, 970, 970.1(b)]
