When a judgment is entered in another state and the debtor has assets in California, the judgment must be brought into California before enforcement can begin.
The reason is constitutional before it is procedural. Under the Full Faith and Credit Clause, California courts are required to recognize valid judgments entered in sister states. U.S. Const., art. IV, § 1. Recognition, however, is not the same as enforcement. Before California enforcement remedies can be used, the judgment must be entered here under California’s sister-state judgment procedures.
This process applies to state court judgments. Federal judgments are registered through the federal district courts and follow a different procedure.
1. Confirm You Have an Enforceable Judgment and Proper Copy
The starting point is a valid, enforceable judgment.
You need a final judgment entitled to full faith and credit. In practical terms, that means the judgment is not subject to further proceedings in the originating court that would affect enforceability.
You must also obtain a certified copy of the judgment. Depending on the originating state, this may be referred to as a certified copy, an exemplified copy, or a triple-sealed copy. The terminology varies by jurisdiction, but the point is the same: you need a court-certified copy sufficient for entry in California.
Without that document, the application for entry of sister-state judgment cannot be completed.
2. Determine Proper Venue in California
Before filing, determine what county the sister-state judgment must be entered.
If the judgment debtor is a natural person who resides in California, the judgment must be entered in the county of that person’s residence. Code Civ. Proc., § 1710.20.
If there is no California resident on the judgment, venue is not fixed in the same way. In those cases, the filing location should be selected with enforcement in mind.
California law requires an application for sale of real property to be made in the county where the property is located. If the debtor owns California real property, and venue is otherwise flexible, filing in that county avoids the need to open a second proceeding later to pursue a real property levy. That issue is addressed in more detail in our post on California real property liens and enforcement.
If there is no identified real property and no California resident, the judgment can be entered in any appropriate county. In practice, the filing location is usually the court where enforcement will be coordinated. At The Grundon Law Firm, sister-state judgments without venue constraints are typically entered in North County San Diego, where enforcement activity will be handled.
3. Prepare and File the Required Documents
Entry of a sister-state judgment in California begins with an application under Code of Civil Procedure section 1710.10.
The filing consists of the application for entry of sister-state judgment, a certified or exemplified copy of the judgment, and a notice of entry of sister-state judgment.
Local practice is not uniform. Some courts require a separate sister-state judgment form. San Diego uses a local form. Los Angeles uses its own form. Orange County does not use a standardized local form for this purpose. A civil case cover sheet is also required when the case is opened.
If immediate enforcement is being requested, the supporting enforcement documents must be prepared at the same time. That may include a writ of execution, an abstract of judgment, or both, depending on the relief being requested. Those documents are part of the initial filing if immediate enforcement is sought.
4. Determine Whether Immediate Enforcement Applies
The default rule is that, once the sister-state judgment is entered, it must be served and enforcement is stayed for 30 days. Code Civ. Proc., § 1710.40, subd. (a).
There are limited exceptions.
If the judgment debtor is not a California resident and is not a business entity authorized to do business in California, the 30-day stay does not apply in the same way, and enforcement may proceed immediately. Code Civ. Proc., § 1710.45.
Immediate enforcement may also be permitted where exigent circumstances exist. In that situation, the application must request the specific relief sought, and a supporting declaration must set out the facts showing why immediate issuance of a writ of execution or abstract of judgment is necessary.
A common example is a pending sale of real property. If an abstract of judgment is not recorded before the sale closes, the opportunity to lien the property may be lost. If that circumstance exists, it needs to be addressed in the application and supported by declaration at the time of filing.
5. Calculate the Judgment Amount and Applicable Interest
Before filing, the amount to be entered in California must be calculated correctly.
The amount includes the unpaid balance of the sister-state judgment, the California filing fee for entry of the sister-state judgment, and interest accruing from the date of entry of the judgment in the issuing state through the date the judgment is entered in California.
That pre-entry interest is calculated at the rate provided by the issuing state, not California. The filing should therefore identify the applicable statutory rate from the issuing state and the authority establishing that rate.
Once the judgment is entered in California, it accrues interest at the California rate of 10 percent per year going forward.
The distinction matters. The issuing state controls the interest calculation up to the date of California entry. California controls the rate after entry.
6. Entry, Issuance, and Service
Once the judgment is entered, it becomes a California judgment.
If enforcement documents were submitted with the application, they are issued at or after entry depending on the relief requested and whether immediate enforcement was allowed.
All entered documents must then be served on the judgment debtor. Service is required in all cases, including cases where immediate enforcement applies.
After service, the judgment debtor has 30 days to move to vacate the sister-state judgment. If no motion is filed, enforcement may proceed. If a motion is filed, the court will set a hearing and the matter proceeds in the same manner as a noticed motion.
The procedure for challenging a sister-state judgment is substantial enough to address separately and is better covered in its own post.
Conclusion
Once the judgment is entered and the service period is addressed, enforcement proceeds in the same manner as any other California judgment. At that point, the issue is no longer recognition. The issue is execution.
If you have a judgment that needs to be domesticated in California, submit it for a free review on collectability.
Bryan M. Grundon has practiced law for over 20 years, with a practice focused on creditor representation.
