This chapter governs contribution among joint judgment debtors other than joint tortfeasors.
Contribution Among Joint Judgment DebtorsContribution Among Other Judgment Debtors
Section § 881
This law deals with how people who owe money on a judgment together (but aren't responsible because of a wrongdoing) have to share the payment among themselves.
contribution joint judgment debtors payment sharing
Section § 882
This law explains what happens when multiple people owe money on a court judgment together. If one person pays more than their fair share of the debt, they can ask the others who haven't paid enough to cover the difference. Also, if someone acted as a guarantor (surety) for another person's debt and ends up paying it, they can demand reimbursement from the person whose debt they guaranteed.
If two or more judgment debtors are jointly liable on a money judgment:
(a)CA Civil Procedure Code § 882(a) A judgment debtor who has satisfied more than his or her due proportion of the judgment, whether voluntarily or through enforcement procedures, may compel contribution from another judgment debtor who has satisfied less than his or her due proportion of the judgment.
(b)CA Civil Procedure Code § 882(b) If the judgment is based upon an obligation of one judgment debtor as surety for another and the surety satisfies the judgment or any part thereof, whether voluntarily or through
enforcement procedures, the surety may compel repayment from the principal.
joint liability money judgment contribution
Section § 883
If you owe a debt as ordered by a court and someone else also shares responsibility for that debt, you can ask the court to order them to help pay. You must do this before or within 30 days after paying off the entire debt. Once the court decides who should pay what, you can use that court order to make sure they pay their part, just like the original creditor could. This doesn't take away any other legal options you might have to get them to pay their share.
(a)CA Civil Procedure Code § 883(a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the judgment for an order determining liability for contribution or repayment. The application shall be made at any time before the judgment is satisfied in full or within 30 days thereafter.
(b)CA Civil Procedure Code § 883(b) The order determining liability for contribution or repayment entitles the judgment debtor to the benefit of the judgment to enforce the
liability, including every remedy that the judgment creditor has against the persons liable, to the extent of the liability.
(c)CA Civil Procedure Code § 883(c) Nothing in this section limits any other remedy that a judgment debtor entitled to contribution or repayment may have.
judgment debtor contribution liability repayment order
