Section § 1710.10

Explanation

This law explains terms related to enforcing court judgments from other U.S. states in California. A 'judgment creditor' is the person who can take action to enforce such a judgment. The 'judgment debtor' is the person against whom this action can be taken. A 'sister state judgment' is a ruling from any U.S. state except California that involves paying money, but it doesn't include child or spousal support orders.

As used in this chapter:
(a)CA Civil Procedure Code § 1710.10(a) “Judgment creditor” means the person or persons who can bring an action to enforce a sister state judgment.
(b)CA Civil Procedure Code § 1710.10(b) “Judgment debtor” means the person or persons against whom an action to enforce a sister state judgment can be brought.
(c)CA Civil Procedure Code § 1710.10(c) “Sister state judgment” means that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code.

Section § 1710.15

Explanation

If someone wins a court judgment in another state (a "sister state"), they can apply to have that judgment recognized and enforced in California. To do this, they must file an application and swear under oath to several details. These details include confirming that the judgment isn't too old according to California's time limits, that there's no current stop on enforcing the judgment in the other state, and detailing any remaining unpaid amounts including interest. They also need to confirm that they haven't already filed for this judgment in California, provide contact details for both themselves and the person or company who owes the money, and include a certified copy of the original judgment from the other state.

(a)CA Civil Procedure Code § 1710.15(a) A judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application pursuant to Section 1710.20.
(b)CA Civil Procedure Code § 1710.15(b) The application shall be executed under oath and shall include all of the following:
(1)CA Civil Procedure Code § 1710.15(b)(1) A statement that an action in this state on the sister state judgment is not barred by the applicable statute of limitations.
(2)CA Civil Procedure Code § 1710.15(b)(2) A statement, based on the applicant’s information and belief, that no stay of enforcement of the sister state judgment is currently in effect in the sister state.
(3)CA Civil Procedure Code § 1710.15(b)(3) A statement of the amount remaining unpaid under the sister state judgment and, if accrued interest on the sister state judgment is to be included in the California judgment, a statement of the amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state), a statement of the rate of interest applicable to the judgment under the law of the sister state, and a citation to the law of the sister state establishing the rate of interest.
(4)CA Civil Procedure Code § 1710.15(b)(4) A statement that no action based on the sister state judgment is currently pending in any court in this state and that no judgment based on the sister state judgment has previously been entered in any proceeding in this state.
(5)CA Civil Procedure Code § 1710.15(b)(5) Where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor. Where the judgment debtor is a corporation, a statement of the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. Where the judgment debtor is a partnership, a statement of the name of the partnership, whether it is a foreign partnership, and, if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. Except for facts which are matters of public record in this state, the statements required by this paragraph may be made on the basis of the judgment creditor’s information and belief.
(6)CA Civil Procedure Code § 1710.15(b)(6) A statement setting forth the name and address of the judgment creditor.
(c)CA Civil Procedure Code § 1710.15(c) A properly authenticated copy of the sister state judgment shall be attached to the application.

Section § 1710.20

Explanation

If you want a California court to enforce a judgment from another state, you have to apply for it in a superior court. You can file your application in the county where the person who owes the judgment lives. If they don't live in California, you can choose any county. Also, if the judgment is $35,000 or less, it will be handled as a limited civil case.

(a)CA Civil Procedure Code § 1710.20(a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.
(b)CA Civil Procedure Code § 1710.20(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:
(1)CA Civil Procedure Code § 1710.20(b)(1) The county in which any judgment debtor resides.
(2)CA Civil Procedure Code § 1710.20(b)(2) If no judgment debtor is a resident, any county in this state.
(c)CA Civil Procedure Code § 1710.20(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.

Section § 1710.25

Explanation

If you're filing an application in California to enforce a judgment from another state, the court clerk will enter a California judgment for the unpaid amount, any interest from the original state, and the application fee. Once entered, interest will accumulate based on California’s rates, just like any local court judgment.

(a)CA Civil Procedure Code § 1710.25(a) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total of the following amounts as shown therein:
(1)CA Civil Procedure Code § 1710.25(a)(1) The amount remaining unpaid under the sister state judgment.
(2)CA Civil Procedure Code § 1710.25(a)(2) The amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state).
(3)CA Civil Procedure Code § 1710.25(a)(3) The amount of the fee for filing the application for entry of the sister state judgment.
(b)CA Civil Procedure Code § 1710.25(b) Entry shall be made in the same manner as entry of an original judgment of the court. From the time of entry, interest shall accrue on the judgment so entered at the rate of interest applicable to a judgment entered in this state.

Section § 1710.30

Explanation
When a judgment is finalized, the creditor must quickly notify the debtor using specific legal procedures. The notice should give the debtor 30 days to challenge the judgment. There is a fee for serving this notice, which can be included in recoverable costs, but it shouldn’t be higher than what state officers charge for similar tasks.
(a)CA Civil Procedure Code § 1710.30(a) Notice of entry of judgment shall be served promptly by the judgment creditor upon the judgment debtor in the manner provided for service of summons by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate the judgment.
(b)CA Civil Procedure Code § 1710.30(b) The fee for service of the notice of entry of judgment under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ as provided in Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9 of Part 2, but such fee may not exceed the amount allowed to a public officer or employee in this state for such service.

Section § 1710.35

Explanation

This law says that a judgment recorded under this chapter is just as powerful as any other court-issued money judgment. You can enforce or pay it off the same way you would handle any standard money judgment.

Except as otherwise provided in this chapter, a judgment entered pursuant to this chapter shall have the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.

Section § 1710.40

Explanation

If you've had a judgment entered against you in California based on a judgment from another state, you can ask the court to cancel (or 'vacate') it if there's a valid reason. For example, if the interest on the judgment was calculated incorrectly. You must file a motion within 30 days after you receive notice of this judgment. The court can then review your case and decide if the judgment should be changed or replaced with a different one. However, if the judgment amount is under $1,000, the court doesn't have to provide written findings.

(a)CA Civil Procedure Code § 1710.40(a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.
(b)CA Civil Procedure Code § 1710.40(b) Not later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2, the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.
(c)CA Civil Procedure Code § 1710.40(c) Upon the hearing of the motion to vacate the judgment under this section, the judgment may be vacated upon any ground provided in subdivision (a) and another and different judgment entered, including, but not limited to, another and different judgment for the judgment creditor if the decision of the court is that the judgment creditor is entitled to such different judgment. The decision of the court on the motion to vacate the judgment shall be given and filed with the clerk of court in the manner provided in Sections 632, 634, and 635, except that the court is not required to make any written findings and conclusions if the amount of the judgment as entered under Section 1710.25 does not exceed one thousand dollars ($1,000).

Section § 1710.45

Explanation

Before you can take steps to enforce a court judgment, you generally need to wait at least 30 days after notifying the person who owes you money. However, there are exceptions if this person lives outside California, if they're a foreign company not registered to do business in California, or if they're a foreign partnership without a designated agent in California. The court might also let you enforce the judgment sooner if waiting would cause you serious harm. Also, even if you start collecting before the 30 days are up, you can't sell off the person's property unless it's something that could spoil quickly. In that case, you can sell it to avoid losing its value, but you can't use the money from that sale until 30 days have passed.

(a)CA Civil Procedure Code § 1710.45(a) Except as otherwise provided in this section, a writ of execution on a judgment entered pursuant to this chapter shall not issue, nor may the judgment be enforced by other means, until at least 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2.
(b)CA Civil Procedure Code § 1710.45(b) A writ of execution may be issued, or other enforcement sought, before service of the notice of entry of judgment if the judgment debtor is any of the following:
(1)CA Civil Procedure Code § 1710.45(b)(1) An individual who does not reside in this state.
(2)CA Civil Procedure Code § 1710.45(b)(2) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(3)CA Civil Procedure Code § 1710.45(b)(3) A foreign partnership which has not filed a statement pursuant to Section 15700 of the Corporations Code designating an agent for service of process.
(c)CA Civil Procedure Code § 1710.45(c) The court may order that a writ of execution be issued, or may permit enforcement by other means, before service of the notice of entry of judgment if the court finds upon an ex parte showing that great or irreparable injury would result to the judgment creditor if issuance of the writ or enforcement were delayed as provided in subdivision (a).
(d)CA Civil Procedure Code § 1710.45(d) Property levied upon pursuant to a writ issued under subdivision (b) or (c) or otherwise sought to be applied to the satisfaction of the judgment shall not be sold or distributed before 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2. However, if property levied upon is perishable, it may be sold in order to prevent its destruction or loss of value, but the proceeds of the sale shall not be distributed to the judgment creditor before the date sale of nonperishable property is permissible.

Section § 1710.50

Explanation

If someone owes money from a judgment made in another state and an appeal is in progress or possible, a California court will pause the enforcement of that judgment until the appeal process is over. The court will also put enforcement on hold if a stay was granted in the state where the judgment was made. If there's a motion to cancel the judgment in California, enforcement is paused until a decision is made. If the judgment involves penalties for exercising constitutional rights, the hold lasts until a related lawsuit finishes or until specific time limits end. The court can pause enforcement for other reasons if justice requires it. This pause can be initiated by the court itself or through formal requests, and may include requiring a financial guarantee from the debtor, managing existing enforcement actions, and other conditions deemed fair by the court.

(a)CA Civil Procedure Code § 1710.50(a) The court shall grant a stay of enforcement where:
(1)CA Civil Procedure Code § 1710.50(a)(1) An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2)CA Civil Procedure Code § 1710.50(a)(2) A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3)CA Civil Procedure Code § 1710.50(a)(3) The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtor’s motion to vacate is determined.
(4)CA Civil Procedure Code § 1710.50(a)(4) A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5)CA Civil Procedure Code § 1710.50(a)(5) Any other circumstance exists where the interests of justice require a stay of enforcement.
(b)CA Civil Procedure Code § 1710.50(b) The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c)CA Civil Procedure Code § 1710.50(c) The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1)CA Civil Procedure Code § 1710.50(c)(1) The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditor’s claim.
(2)CA Civil Procedure Code § 1710.50(c)(2) If a writ of execution has been issued, the court may order that it remain in effect.
(3)CA Civil Procedure Code § 1710.50(c)(3) If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.

Section § 1710.55

Explanation

This law says you can't enter a judgment from another state in California if: (a) there's a pause on enforcing it in that state, (b) there's already a case about it happening in California, or (c) a similar judgment has already been made in California.

No judgment based on a sister state judgment may be entered pursuant to this chapter in any of the following cases:
(a)CA Civil Procedure Code § 1710.55(a) A stay of enforcement of the sister state judgment is currently in effect in the sister state.
(b)CA Civil Procedure Code § 1710.55(b) An action based on the sister state judgment is currently pending in any court in this state.
(c)CA Civil Procedure Code § 1710.55(c) A judgment based on the sister state judgment has previously been entered in any proceeding in this state.

Section § 1710.60

Explanation

This section talks about enforcing court judgments from other states. Generally, you can still try to collect on such a judgment as you normally would, unless a California court has already entered a judgment based on that out-of-state judgment. If that’s the case, you can’t bring the same enforcement action again.

(a)CA Civil Procedure Code § 1710.60(a) Except as provided in subdivision (b), nothing in this chapter affects any right a judgment creditor may have to bring an action to enforce a sister state judgment.
(b)CA Civil Procedure Code § 1710.60(b) No action to enforce a sister state judgment may be brought where a judgment based on such sister state judgment has previously been entered pursuant to this chapter.

Section § 1710.65

Explanation

This law means that if someone wins a judgment in another state, they can still act on parts of that judgment in California even if those parts don't involve money. It also says that taking action on the non-money parts doesn't stop them from getting a California judgment based on the money parts.

The entry of a judgment based on a sister state judgment pursuant to this chapter does not limit the right of the judgment creditor to bring an action based on the part of a judgment of a sister state which does not require the payment of money, nor does the bringing of such an action limit the right of the judgment creditor to obtain entry of judgment based on the sister state judgment pursuant to this chapter.