Tribal judgments are legal rulings issued by tribal courts, governing disputes involving tribal members or activities within tribal lands. These judgments differ from state court rulings, reflecting the unique legal frameworks and sovereignty of tribal nations. Recognizing tribal judgments acknowledges the authority and autonomy of tribal courts.

WHY REGISTER A TRIBAL JUDGMENT IN CALIFORNIA?

While tribal judgments are enforceable within tribal lands, their recognition and enforcement outside of these territories can be complex. Registering a tribal judgment in California may become necessary for several reasons, including the need to enforce the judgment against assets or individuals located within the state. By registering the judgment, it becomes enforceable within California’s legal system. 

PROCESS OF REGISTERING A TRIBAL JUDGMENT IN CALIFORNIA:

The tribal judgment can be registered in the superior court of California.   To register a tribal judgment in California you will need to fill out a judicial counsel form EJ-115 Notice of Application and Entry of Tribal Court Money Judgment.   You can obtain that form online HERE.   The form must be accompanied with an application signed under penalty of perjury with specific information set forth in California Code of Civil Procedure 1734.  The application must be served on the judgment debtors in the same manner as a summons and complaint would be served on a litigant in California.    Once served, the judgment debtor has thirty days to file objections to the entry of judgment.  If no objections are served the clerk shall enter judgment.    Once entered as a judgment is enforceable just the same as any other California judgment.

By understanding the steps involved and seeking appropriate legal guidance, individuals can effectively enforce tribal judgments outside of tribal lands, ensuring access to justice for tribal members.   If you need help registering your tribal judgment contact us for help registering and collecting your judgment. 

California civil judgments are valid for ten years from the date they were entered. If you haven’t been able to collect the balance by then, renewing the judgment can be a powerful tool.

WHAT IS JUDGMENT RENEWAL?

Renewing a judgment is a legal process that extends the enforceability of an existing judgment, not creating a new one. This means you can still collect on the debt for an additional ten years. The court clerk handles the renewal process, so there’s no need for a new court hearing.

HOW DOES RENEWAL WORK?

Before the ten-year mark hits, you’ll need to submit a form (Judicial Council form EJ-190 or similar) to initiate the renewal process. This form details the original judgment amount, any accrued interest, the filing fee, and the new, total judgment amount.

Here’s a bonus of judgment renewal: all the accrued interest gets added to the principal amount. This means you’ll start earning interest on the interest, increasing the daily amount owed.

RENEWING THE JUDGMENT LIEN

If you placed a lien on the debtor’s real property with an abstract of judgment, the good news is that renewing the judgment also renews the lien’s priority. This ensures your claim gets paid before other creditors who might come along later.

REMEMBER TO RECORD THE RENEWAL!

This is crucial: to maintain the lien’s priority, you must record the renewal application with the county recorder where the property is located. This step ensures your renewed lien’s priority remains based on the original judgment date, not the renewal date.

Renewing a judgment is a valuable tool for creditors in California. By following these steps, you can ensure your ability to collect on the debt for an additional ten years.

Are you living in California but your family law support order was issued in another state? You might be wondering how to enforce that order in your current location. Many people don’t know that the process for registering a family law order is different from the process for getting a civil judgment registered in California.  You can find our guide to register an out of state civil order  HERE .  Most of the time clients approach me for help registering their family law judgment after unsuccessfully attempting to get their family law judgment registered using civil forms.  Here’s a step-by-step guide to registering an out-of-state family law support order in California:

WHAT NEEDS TO BE FILED WITH THE COURT:

You need to obtain a Certified copy of the out-of-state order from the issuing court in the other state.  You will need to make a written request for registration to the court.  Typically, the registering party files a declaration on pleading paper with the certified copy of the order as an exhibit.   You will need to include the judicial council form: Registration of Out-of-State Custody Order (Form FL-580):    You can find this form HERE .  You will need to identify any arrears that are due on this form.  Once you have there you submit them to the court for filing.  

WHAT HAPPENS AFTER YOU HAVE SUBMITTED THE ORDER:

These out of state support orders are not particularly common.  I have found that court clerks sometimes struggle to get these issued in a timely manner because they are unfamiliar with them and the process to register them.  You might need to follow up with the clerk’s office until the court registers your order.  Once the court has registered your order it must be served on the other party in the same manner as you would serve a summons.  The other parent has 20 days to object to the registration of the order. If they do not object in that time frame the order becomes enforceable. 

The California Legislature has made some significant changes to the rules on collecting judgments effective January 2024.   Here’s some of what you need to know about those changes.

CHANGE IN SERVICE REQUIREMENT FOR DEBTORS EXAMS

In a previous post we went through the process of conducting a judgment debtor exam.  If you want full understanding of how to conduct an exam you can check that out here. Previously, creditors only had to serve the JDE order on the debtor 10 days before the exam. Now, the service period has been extended to 30 days. This provides the debtor with more time to prepare and seek legal counsel if needed.   It also works with the new procedure debtors can utilize to try to avoid the examination.

This new notice requirement will work with new procedures set to be introduced on consumer debt after 2025 in code of civil procedure 708.111, which will provide consumer judgment debtors the option to file a Declaration in Opposition to Examination (Form JDB-110) within 15 days of service. This form allows them to challenge the JDE on various grounds, including Lack of good cause for the exam; Already provided complete financial information, and Undue hardship or medical issues.

If the debtor files the affidavit, the burden shifts to the creditor to prove good cause for the JDE. The creditor must submit their own evidence and may have to appear in court for a hearing.

CHANGES IN FORMS USED FOR LEVIES

A big change that is applicable to collection law is the new statewide mandatory forms to use when submitting levies.  This really effects anything you would use a writ to levy except for a wage garnishment They are SER-100 and SER-100a

Make sure you are up on the latest collection laws within the state.  Failing to understand these changes can slow down progress on collecting your judgments.   If you need an experienced attorney experienced in navigating post judgment collection contact us HERE

In California post judgment execution, understanding the whole process is key.  We have gone over the nuts and bolts of how to do a wage garnishment on a previous post you can check that out here.  For this post, we turn the spotlight to an equally critical aspect: opposing claims of exemption.

When a debtor files this claim of exemption, claiming certain portions of their wages or bank account as exempt, it requires specific timely action, or you will automatically lose the funds you have worked so hard to get.   This guide equips you with the knowledge and strategies to navigate the process of contesting the exemption.

 AUTOMATIC EXEMPTIONS

Some exemptions are automatic meaning the debtor will get them without having to do anything.   An example of this on the garnishment side would be if the debtor makes less than the threshold money amount per paycheck be garnished or the bank levy side if public benefits like disability or Social Security checks are identifiable in the account.  These sorts of exemptions are not challengeable.  

Exemptions that are not automatic can be challenged if a specific timely formula is followed. For this post we will focus on the exemption our office receives most often: the funds are exempt because they are necessary for the care and support of family.

 PROCESS OF CLAIMS OF EXEMPTION

When is judgment debtor files this claim of exemption submit the claim of exemption which states the basis for the exemption, what amount they claim is exempt and an amount which they would be willing to accept as a garnishment per pay period along with a financial statement that details their income and expenses with the sheriff’s department in the county that the levy or garnishment was done.  You can see the financial statement form here .   Once a claim of exemption is received by the Sheriff’s Office they will send notice of the claim of exemption and financial statement to the judgment creditor.   The notice to the judgment creditor will have the date that it was served.   This is critical to note because the way these exemptions work is that the levying officer (Sheriff) will release the money to the judgment debtor automatically unless the judgment creditor files with the court and serves an original notice and opposition to claim of exemption on both sheriff and judgment debtor within the time specified by law. 

 SUPPORT OF FAMILY EXEMPTION

The law on opposing an exemption for funds necessary for the support of family, There is no precise definition of what is “necessary” for the support of a judgment debtor or his or her family. “Necessary” expenses normally include housing costs, food, insurance, automobile costs, etc. However, the court must consider the circumstances surrounding each individual case—what is “necessary” in some circumstances may be a luxury in others. J.J. MacIntyre Co. v. Duren (1981) 118 Cal.App.3d Supp. 16, 18.    The best way to approach this to look at the debtors financial statement and identify expenses that are excessive and luxuries (You would be surprised at how often I’ve seen a multiple financed luxury car payments listed on these financial statement forms) then ask for a number that is less than the total amount you feel is exempt. A lot of times debtors will list installment agreement contracts like credit card payments.   In my experience, judges tend not find these as exempt. There is a lot of leeway for the judge to use his or her discretion to determine the exemption.  

 LAW OFFICE OF BRYAN M. GRUNDON FOR YOUR CALIFORNIA COLLECTION ISSUES

Opposing a claim of exemption is a highly technical process with significant time pressure.  For help with opposing a claim or exemption or other collection issues in the State of California contact our office HERE

THE STRENGTH BEHIND THE TILL TAP:

In the ever-evolving landscape of debt collection, being awarded a judgment is just the first of many obstacles a creditor must overcome. The most common and difficult of obstacles are the debtors who either refuse to pay their debts, refuse to honor a judgment against them or simply do not care who or how they have affected the creditor with their failure to pay their debts. In such cases, a Till Tap is a powerful tool to enforce judgments. This comprehensive blog will explore the power of Till Taps, when it is necessary, and explain when a Till Tap is the most appropriate debt collection action to take.

Prepared by The Law Office of Bryan M. Grundon, a California-based practice specializing in Post Judgment Recovery, Enforcing Sister-State Judgments, and various other debt collection practices. As an experienced firm, they are equipped with extensive knowledge and expertise to help you successfully recover the judgment you were awarded. Now let’s first take a look at the procedure behind Till Taps.

UNDERSTANDING THE PROCEDURE KNOWN AS THE TILL TAP:

A Till Tap, a post-judgment enforcement tool, is used to recover money from a running business. In this blog, we go over the laws and procedures for a Till Tap in the state of California. The process starts with obtaining a court judgment against the debtor, followed by securing a writ of execution, which authorizes the Sheriff’s office to execute the Till Tap. You then send the writ with instructions to the Sheriff’s Office along with a fee to set up the Till Tap. It’s also a good idea to double-check the business license at the premises matches the name of the judgment debtor on your judgment.

Once everything has been submitted to the Sheriff’s office they send a deputy to the business to physically empty the cash register. Everything in the till at the time the sheriff arrives is taken and applied toward satisfaction of the judgment. This disruption prompts the debtor to address their outstanding debt and fulfill their financial obligations. A Till Tap can be executed immediately, the power of till taps allows the Sheriff’s Deputies to enter the business’s premises and remove the entire register’s cash holdings unless the debt in question is less than the entire cash holdings in the register at the time of execution.

THE POWER OF TILL TAPS:

Till Taps wield considerable influence as an effective tool for debt collection. By intercepting the debtor’s cash flow, Till Taps create a strong incentive for debtors to prioritize settling their dues. The power of a Till Tap comes from the ability of the Sheriff’s office to seize all cash holdings immediately upon execution, without recourse to deny or disrupt, a debtor in many instances may consider settling their debt or approach the creditor with an offer to ensure that further and more aggressive collection efforts are not pursued, such as Bank Levies or a Keep Levy.

THE TILL TAP: EMPOWERING POST-JUDGMENT RECOVERY FROM THE START

A Till Tap can be used the moment a judgment has been awarded, and is a necessary and powerful tool that can be used at the beginning of the post-judgment recovery process. If a judgment has been awarded, and the debtor is an entity with a physical and open business, attorney Bryan M. Grundon who specializes in debt collection and post-judgment recovery in the state of California suggests that the use of a Till Tap is appropriate in many instances immediately after the judgment has been granted, and is one of the first tactics he uses in the recovering of a debt for his clients whose debtors fall in this category.

WHEN THE POWER OF TILL TAPS ISN’T ENOUGH, EXECUTE THE KEEPER LEVY:

A Keeper Levy and a Till Tap are both debt collection enforcement mechanisms. The key difference is that a Keeper Levy grants the Sheriff’s department an extended period of control over the debtor’s cash receipts, while a Till Tap involves seizing cash receipts for only one moment. Both involve the seizure of cash from the operating businesses register, but the Keeper Levy bars the business from accepting payment other than cash during the Keeper Levy and seizes all the cash deposits in the determined period of time.

When a creditor or the legal representative for the creditor is attempting to get a debtor’s attention, a Till Tap will be commonly used. The Till Tap is less disruptive than a Keeper Levy. Keeper Levies are more disruptive and detrimental to a business’s operation and are used as a more serious measure in the collection of a debt, and can be substantially more expensive on the debtor. Therefore, a Till Tap can be used to bring attention or act as a warning to debtor’s who fail to honor a judgment against them. To learn more about Keeper Levies click here.

CONCLUSION:

In the realm of debt collection, a Till Tap stands out as a powerful tool to enforce the collection of unpaid debts. Understanding the procedure of a Till Tap, recognizing its power to disrupt cash flow, and knowing when to employ it, is necessary to successfully recover a debt. In certain scenarios, opting for a Keeper Levy may prove to be a more practical choice. Want the exact statute referring to Till Taps & Keeper Levies in California? Check out the San Diego Superior Court website here. By utilizing these enforcement mechanisms strategically and within the bounds of the law, creditors can assert their rights and empower debt collection efforts effectively.

Seeking to collect a debt from a debtor after being awarded a judgment in the state of California? The Law Office of Bryan M. Grundon can assist and advise you of your rights and various debt collection practices that are most suitable for your unique situation or to the specific judgment you have been awarded. To learn more about the power of till taps, post-judgment recovery tactics, and other debt-collection tools or if you need expert legal advice from a veteran in the business, contact Bryan M. Grundon today!

THE LAW OFFICE OF BRYAN M. GRUNDON

Enforcing sister state judgments in California can be complex, but expert attorney Bryan M. Grundon at The Law Office Of Bryan M. Grundon is here to help. By choosing to work with Bryan M. Grundon, you can ensure a seamless process of enforcing sister state judgments. Discover the benefits of hiring this specialized attorney for efficient and effective enforcement.

Understanding Sister State Judgments:

When a judgment needs to be enforced in another state, it becomes a sister state judgment. In California, enforcing sister-state judgments requires a deep understanding of state laws and procedures. Bryan M. Grundon, the expert attorney at The Law Office Of Bryan M. Grundon, possesses the necessary knowledge and experience to navigate the complexities of the enforcement process.

THE IMPORTANCE OF HIRING AN EXPERIENCED LAW FIRM

Enforcing sister state judgments in California requires a specialized attorney with a deep understanding of state laws and legal procedures. Bryan M. Grundon, an expert attorney in sister-state judgments, has the knowledge and experience to handle these complex cases effectively. By hiring him, you can ensure a smooth enforcement process while minimizing potential delays or challenges.

BENEFITS OF HIRING THE LAW OFFICE OF BRYAN M. GRUNDON:

Extensive Knowledge of California Laws: 

Attorney Bryan M. Grundon has a deep understanding of California laws relevant to sister-state judgments. He stays updated with evolving legal landscapes, ensuring compliance with all applicable laws and regulations.

Local Expertise and Experience in California: 

Attorney Bryan M. Grundon specializes in handling sister state judgments within California. His local expertise and experience allow for efficient navigation through state-specific requirements and procedures.

Thorough Legal Research and Analysis: 

Attorney Bryan M. Grundon conducts comprehensive legal research and analysis to interpret the laws involved in sister state judgments. He identifies potential challenges and devises effective strategies for successful enforcement.

Assistance with Recognition and Registration: 

Attorney Bryan M. Grundon assists clients in obtaining recognition and registration of sister state judgments in California. He handles all necessary paperwork, ensures procedural requirements are met, and establishes the validity of the judgment.

Compliance with Procedural Formalities: 

Enforcing sister state judgments requires strict adherence to procedural formalities. Attorney Bryan M. Grundon has an eye for detail and manages all necessary paperwork, serving notices to opposing parties, and complying with relevant deadlines.

Customized Strategies for Enforcement:

Attorney Bryan M. Grundon evaluates each case’s strengths and weaknesses, devising customized strategies for enforcement. He conducts case-specific evaluations, identifies potential delays, and provides advice on the most effective steps to take.

Comprehensive Asset Investigation and Evaluation:

Attorney Bryan M. Grundon conducts thorough investigations to locate assets that can be used to satisfy the judgment. He employs the right tools and techniques to uncover concealed assets, ensuring a successful enforcement process.

Enforcing sister state judgments in California requires the expertise of a specialized attorney like Bryan M. Grundon at The Law Office Of Bryan M. Grundon. By choosing to work with him, you can navigate the complexities of the enforcement process effectively. Ensure compliance with California laws, streamline procedural formalities, and benefit from customized strategies tailored to your specific case. Trust Attorney Bryan M. Grundon for seamless enforcement and hire him to maximize your chances of successful enforcement.

SETTLE YOUR CALIFORNIA CASE EFFICIENTLY WITH A STIPULATION FOR ENTRY OF JUDGMENT

When dealing with collection issues with a customer, negotiating a payment plan over time can be a common approach.   If you have taken the step to file a lawsuit to recover what you are owed you are likely past the point of relying on your customer to make payments over time voluntarily.  The best outcome of this sort of lawsuit is a lump sum settlement that fully resolves the issue. In certain cases, your debtor may lack the immediate funds to settle the action in a lump sum. So, how can you effectively resolve such situations? Enter the stipulation for entry of judgment – a valuable legal tool. This streamlined mechanism can turn a settlement agreement into a judgment quickly. In this article, we will delve into the concept of a stipulation for entry of judgment and its effective utilization to settle cases in California.

Understanding the Stipulation for Entry of Judgment

A stipulation for entry of judgment is a written agreement between all parties involved in a legal case. Unlike traditional settlement agreements, it combines settlement terms with a provision for the court to enter a judgment based on those terms. This unique approach enhances enforceability and clarity in the settlement process. At The Law Office of Bryan M. Grundon, we structure stipulations for entry of judgment in a way that allows swift judgment entry without a hearing if the debtor defaults. No more pleading with your debtor – either they pay, or we swiftly obtain an enforceable judgment against them.

The Practical Application of a Stipulation for Entry of Judgment

Let’s consider an example scenario: the debtor agrees to pay the outstanding balance over a 24-month period. The stipulation outlines the payment amounts, due dates, and payment instructions. It also covers the default provisions. In the event of a default, we typically send an email notice with a short cure period. If the debtor fails to cure the default, we prepare a brief application showing compliance with the default provisions. This application, along with the remaining amount due, is then submitted to the court. The court reviews the agreement and application, and if everything meets the requirements, it enters the judgment as outlined in the stipulation. In most cases, no hearing is necessary. Once the judgment is entered, it holds the same enforceability as any other California judgment.

Optimize Settlements with a Stipulation for Entry of Judgment

By utilizing a stipulation for entry of judgment, you can expedite the settlement process and establish a clear path to enforceability. It offers a practical solution for resolving cases where debtors may lack immediate funds for a lump sum payment. If you find yourself in such a situation, explore the benefits of a stipulation for entry of judgment. Remember, seeking guidance from an experienced California collection attorney, such as The Law Office of Bryan M. Grundon, ensures the proper drafting and execution of a tailored stipulation for entry of judgment for your specific case.

Drive your California case towards efficient resolutions with a stipulation for entry of judgment. Contact The Law Office of Bryan M. Grundon today for legal guidance and assistance.