This law is simply giving a specific name to a set of rules about how court judgments are enforced in California. It's like calling this collection of legal rules the 'Enforcement of Judgments Law.'
This title shall be known and may be cited as the Enforcement of Judgments Law.
Enforcement of Judgments court judgment rules legal naming ...
This law states that the definitions provided in this chapter should be used to interpret and understand the rules and terms in this title, except when a specific provision or situation requires a different interpretation.
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
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This law states that the term "account debtor" refers to the definition provided in another section of the Commercial Code, specifically Section 9102(a)(3). It's essentially pointing you to look there for a detailed explanation.
“Account debtor” means “account debtor” as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.
account debtor Commercial Code Section 9102 ...
This law clarifies that an 'account receivable' is referred to as 'account' according to another specific section of the Commercial Code.
“Account receivable” means “account” as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.
account receivable account definition Commercial Code ...
This law explains what an "Affidavit of Identity" is. It is a statement by the person owed money by a court judgment, done under oath, to identify different names the debtor might use. This is filed with the court when trying to enforce the judgment. The affidavit must mention the case details, the debtor's identified names, and how the creditor found these names. It cannot include names of people or companies not specifically named in the judgment.
“Affidavit of Identity” means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment
debtor’s additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.
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This law section explains that 'chattel paper' is defined by referring to a specific definition found in another part of the Commercial Code. Essentially, it's pointing you to go look there for the detailed explanation of what 'chattel paper' means.
“Chattel paper” means “chattel paper” as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.
chattel paper commercial code Section 9102 ...
In this context, 'child support' also covers 'family support.' It means when you hear child support, it can include money meant for both the child and other family expenses.
“Child support” includes family support.
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This section defines "costs" as any fees, charges, commissions, or expenses that may be required by law.
“Costs” means costs and disbursements, including but not limited to statutory fees, charges, commissions, and expenses.
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This section defines the term 'court' as the specific court where a judgment that someone wants to enforce was originally entered.
“Court” means the court where the judgment sought to be enforced was entered.
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This section refers to the definition of 'deposit account' as described in another part of the law, specifically in the Commercial Code.
“Deposit account” means “deposit account” as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
deposit account Commercial Code definition 9102 of the Commercial Code ...
This section defines a 'document of title' using another specific definition from the Commercial Code. It also clarifies that a document of title is considered 'negotiable' if another section of the Commercial Code says it is.
“Document of title” means “document” as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable if it is negotiable within the meaning of Section 7104 of the Commercial Code.
document of title negotiable document Commercial Code Section 9102 ...
In simple terms, "equity" refers to how much the property is worth after you subtract all the debts and claims on it that are more important (superior) than the judgment creditor's claim. For community property, it includes both the judgment debtor's and their spouse's share in the property.
“Equity” means the fair market value of the interest of the judgment debtor in property, or in the case of community property the fair market value of the interest of the judgment debtor and the spouse of the judgment debtor in the property, over and above all liens and encumbrances on the interest superior to the judgment creditor’s lien.
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This law defines what a 'financial institution' is, including types like banks, savings and loan associations, credit unions, and companies involved in the safe deposit business.
“Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business.
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This law section defines 'general intangibles' as a type of right to payment, based on how that term is described in another part of the Commercial Code.
“General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.
general intangibles rights to payment Commercial Code Section 9102 ...
This section of the law simply states that the term "instrument" is defined according to another specific part of the Commercial Code, which has its own detailed explanation.
“Instrument” means “instrument”, as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
instrument definition Commercial Code Section 9102 paragraph (47) ...
This section defines a 'judgment' as any judgment, order, or decree that has been officially recorded by a court in the state of California.
“Judgment” means a judgment, order, or decree entered in a court of this state.
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The term 'judgment creditor' refers to the person who wins a court case and is owed money, or if the rights have been transferred, it refers to the person the rights were transferred to. This term can also refer to someone managing the judgment creditor's or assignee's affairs, such as a guardian or executor, if the situation calls for it.
“Judgment creditor” means the person in whose favor a judgment is rendered or, if there is an assignee of record, means the assignee of record. Unless the context otherwise requires, the term also includes the guardian or conservator of the estate, personal representative, or other successor in interest of the judgment creditor or assignee of record.
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A 'judgment debtor' is simply the person who owes money or obligations because a court decision went against them.
“Judgment debtor” means the person against whom a judgment is rendered.
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This law section defines a 'levying officer' as either a sheriff or a marshal. These are the officials responsible for enforcing certain legal actions.
“Levying officer” means the sheriff or marshal.
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The term "money judgment" refers to a court decision that orders someone to pay a specific amount of money.
“Money judgment” means that part of a judgment that requires the payment of money.
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This section explains that the term "person" is not just limited to an individual human being. It also includes businesses like corporations and partnerships, government bodies, and different types of organizations such as limited liability companies and public entities.
“Person” includes a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a public entity.
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This law explains that 'personal property' covers both physical items you can touch and things that don't have a physical form, like stocks or intellectual property.
“Personal property” includes both tangible and intangible personal property.
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This law explains that the "principal amount of the judgment" is the full amount awarded by the court, including any added costs, minus any amounts already paid or no longer enforceable.
“Principal amount of the judgment” means the total amount of the judgment as entered or as last renewed, together with the costs thereafter added to the judgment pursuant to Section 685.090, reduced by any partial satisfactions of such amount and costs and by any amounts no longer enforceable.
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This law defines 'property' as including both real property, like land and buildings, and personal property, which can be things like cars or jewelry. It also covers any interest you might have in such property, like a mortgage or a lease.
“Property” includes real and personal property and any interest therein.
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This section defines "real property" as any interest or right in real estate, such as owning or leasing it.
“Real property” includes any right in real property, including but not limited to a leasehold interest in real property.
real property leasehold interest right in real estate ...
A 'registered process server' is someone who is officially registered to serve legal documents, according to specific rules found in the Business and Professions Code starting at Section 22350.
“Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.
registered process server process server registration legal document delivery ...
This section clarifies that the term 'secured party' has the same meaning as in a specific part of the Commercial Code, which outlines what a party with a security interest in a transaction is.
“Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.
secured party definition security interest Commercial Code Section 9102 ...
This section simply states that the term 'security' should be understood as it is defined in another part of the law, specifically Section 8102 of the Commercial Code.
“Security” means a “security” as defined in Section 8102 of the Commercial Code.
security definition Section 8102 Commercial Code ...
This section says that when it mentions a 'security agreement,' it's using the definition found in a specific part of the Commercial Code. Basically, it directs you to look at another law for what that term means.
“Security agreement” means “security agreement” as defined in paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code.
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The term 'security interest' is used here in the same way it is described in another part of the law called Section 1201 of the Commercial Code. To fully understand it, you would need to look at that section.
“Security interest” means “security interest” as defined in Section 1201 of the Commercial Code.
security interest Section 1201 Commercial Code ...
This law section states that spousal support covers financial support for both current and former spouses.
“Spousal support” includes support for a former spouse.
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This section defines 'tangible personal property' to include items like documents representing value, negotiable instruments, financial securities, and actual cash.
“Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.
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This law section explains that the term "writ" can refer to different types of court orders, including those used to enforce judgments on personal and real property or to conduct a sale.
“Writ” includes a writ of execution, a writ of possession of personal property, a writ of possession of real property, and a writ of sale.
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